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Phillip B, EA
Phillip B, EA, Enrolled Agent
Category: Tax
Satisfied Customers: 704
Experience:  Practicing since 2004. Expert in 1040, small business, represent vs. IRS, & int'l tax mattters.
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I am paying for over half of my daughters expenses, but due

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I am paying for over half of my daughter's expenses, but due to my work shift, she does not live with me. Can I legally claim her as a dependent?
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Ordinarily, no. The general rule gives the exemption to the custodial parent as long as the child didn't provide more than half of the child's own support. The custodial parent is the person who has the child physically present in their home for more than half the year.

However, given the fact that you did pay a large majority of expenses, you can request that the custodial parent sign the exemption over to you on form 8332. This would allow you to claim the exemption and the child tax credit associated with your child. The custodial parent would keep the right to claim the earned income credit and the child care credit associated with the child.

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