Can I claim my children on my taxes because I pay child support? 3 Answers as of December 19, 2011

I'm sorry, but the answer is no. In order to claim a child as a dependent, the child must live with the parent more than half the year, unless your ex-wife signs an IRS Form 8332 giving up her right to claim them as dependents.

Go to the IRS website: www.irs.gov in the upper right you will see a search box. Type in Publication 501 and click on search. This site covers most everything that will affect your ability to claim an exemption for your child. Scroll down until you reach "Exemptions for Dependents". See if anything there fits with your circumstances. I do not have enough information to answer your question but I would guess that without the consent of the mother, you will not qualify to claim your kids as dependents. Sometimes when there is one or more children involved, the parents agree to split the deductions. You may want to try that approach. Did this answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.

As between the two parents, unless both parties agree, to claim a child as a dependent on a tax return, you must provide more than half of the actual dollar amount spent for the child's support, including the amount of rent, food, clothing, schooling, etc. Usually child support is not more than half of that amount.