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Cassandra, Tax Preparer
Category: Tax
Satisfied Customers: 306
Experience:  8yrs experience in taxation for individuals. CTEC Registered and an Authorized E-filer with the IRS
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If it is not clearly stated in the devorce papers who has ...

Resolved Question:

If it is not clearly stated in the devorce papers who has the right to claim a dependant?
Submitted: 8 years ago.
Category: Tax
Expert:  Cassandra replied 8 years ago.
Hello and welcome to just answer.

If the divorce papers do not state who is to claim the child as a dependent then, you would follow the IRS rules of divorced parents.

The person that the child lives with for most of the year, would qualify that parent to claim the dependency.

If the child lives with both parents 50/50 then the determiniation would be in whom provided more of the childs costs for the year, this would include food, clothes, medical expenses and etc. Now, child support would not count in this. For example if the child was with you for ten months out of the year, and your spouse pays child support, then you would still be able to claim the child as a dependent.

These are the most important test in determination of child dependency. The IRS also allows the two of you to make an agreement on whom will claim the children, but if you can not agree then the above rules will make the determination.
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