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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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My divorce decree states that ex spouse is allowed to claim

Resolved Question:

My divorce decree states that ex spouse is allowed to claim a child in even numbered years. She is an illegal alien, lives off only disability income from England's government, does not pay child support, and is only able to see children at supervised visitations (this means Mon,Wed,Fri 4-6 at Chuck E. Cheese). She also hardly spends any money whatsoever there as well. Can she legally claim a child when I pay all the child's expenses?
Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.
Do you live in the US or UK?
Customer: replied 6 years ago.
I live in the United States, and she does too. Arizona to be specific. I am an US citizen whereas she is here illegally. All she has is an expired visa, but no green card. She is trying to say that I am not allowed to file for a child that i pay full support for and provide full time residential housing.
Expert:  Lev replied 6 years ago.

The IRS will not look into your divorce decree and will not verify if the child support is paid or not. The IRS will also not ask about the immigration status.

If there is a court order and it is violated - ex-spouse may take you back to the court.


Under the IRS rules the custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent.

The IRS will award dependency exemption to the custodial parent.


The custodial parent may release the claim to the noncustodial parent by signing the form 8332 - - should be filed with the noncustodial parent's tax return. The non-custodial parent - you should obtain that form signed by the custodian parent for specified years.


Please refer to the IRS publication 504 -

If a child is treated as the qualifying child of the noncustodial parent under the special rule for divorced or separated parents, only the noncustodial parent can claim an exemption and the child tax credit for the child.

However, the noncustodial parent cannot claim the child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. Only the custodial parent (or other eligible taxpayer) can claim the child as a qualifying child for these four tax benefits.


Let me know if you need any help.


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