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Ellen, Tax Attorney
Category: Tax
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Experience:  25 years of experience helping people like you.
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My wife and I divorced and we had three children. She has

Customer Question

My wife and I divorced and we had three children. She has since remarried. I pay child support and she doesn't work. Can she and her new husband still claim our children as dependents?
Submitted: 4 years ago.
Category: Tax
Expert:  Ellen replied 4 years ago.
Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

The parent that had physical custody of the child for most of the year is considered the custodial parent and can claim the child as his or her dependent. The custodial parent is also assumed to have provided most of the support for the child during the year, and, therefore, is entitled to the tax credit.

Here is IRS Publication 503 with more information.

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