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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My exhusband told me that he can claim our daughter on his

Resolved Question:

My exhusband told me that he can claim our daughter on his taxes because he pays child support! We have joint custody but I have had physical custody since day one! He says that ever since our son was emancipated that he should have been able to claim her every other year! Is any of this true?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

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WebLaw :

You are correct

WebLaw :



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 501 with more information.http://www.irs.gov/pub/irs-pdf/p501.pdf

WebLaw :


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Customer:

Is there any exceptions to this rule?

WebLaw :

The exception to the rule would be if the custodial parent agreed to allow the noncustodial parent the right to claim the exemption. This would occur if the custodial parent signed the Form 8332 to release the right to the exemption and child tax credit to the non custodial parent.

Customer:

Since I have already filed my taxes this year and claimed her and he is going tomorrow to do his taxes and said he is claiming her what will happen?

WebLaw :

It will trigger an audit and the IRS will likely penalize him

WebLaw :

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WebLaw

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