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If I signed a divorce agreement to alternate claiming my…

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Hi If I signed...

Hi If I signed a divorce agreement to alternate claiming my child and yet the Dad did not stick to the visitation plan and I have my child 100% of the time, can I break my agreement and claim my child on "his" year?

Submitted: 6 months ago.Category: Finance
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1/20/2018
Financial Professional: TaxRobin, Senior Advisor replied 6 months ago
TaxRobin
TaxRobin, Senior Advisor
Category: Finance
Satisfied Customers: 18,369
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Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

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Financial Professional: TaxRobin, Senior Advisor replied 6 months ago

The IRS and tax law looks at who is the custodial parent when seeing who can claim a child. They do not go by divorce decrees. If the child lived with you more nights in the tax year you can claim the exemption.

If the divorce decree states that the other parent is supposed to claim the child in alternate years and it does not stipulate that the visitation is a requirement to claim the deduction, the non custodial parent could sue you for contempt.

You can claim your child as long as they were with you in your home for more than half the year.

Please let me know if you need more information.
If not then please scroll up to see the STARS to rate so I am credited.

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Financial Professional: TaxRobin, Senior Advisor replied 6 months ago

Hi, just checking back to see if you need clarification

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