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  • Feb 22, 2010, 06:23 PM
    Non custodial parent claiming child on taxes
    Hi, I'm a non-custodial parent and when the divorce decree was finalized, there is no mention at all in it that states who can claim, apparently it was left out. I make my payments through the child suport center, never missed a payment in 10 years. My ex also makes double what I make and I do get my children every other weekend and a couple of weeks during the summer, on holidays. I have bills just like her and provide for my children's health care, she takes care of dental. My question is what can happen if I claim first, Thanks Jeff
  • Feb 22, 2010, 06:27 PM

    Without court permission to claim, the custodial parent generally is allowed to claim the exemption.

    You can try going back to the court for a modification.
  • Feb 23, 2010, 01:18 PM

    To add to what ScottGem said - without a court decree the only other option is to have the custodial parent sign a form giving you the right to claim the child - you have her sign form 8332 and you attach it to your return. Without that form - if you claim the child as our dependent and she also claims that same child, as her dependent the IRS will investigate to determine which of you is trying to commit fraud. The custodial parent will ALWAYS win that battle.

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