Could I claim my child as my dependent for tax purposes? 3 Answers as of July 22, 2015

My son has lived with me since Feb. 2, 2014. My decree established in 2009 has my ex-wife as primary care giver and it states she has the right to claim him as her dependent. I have been trying to get child support started since Jan. 2011. My ex keeps having her attorneys get a continuance and we still have not been to court. IRS publication 501 states I am now the custodial parent, but the 2009 decree states she can claim him. Do I have a right to claim him?

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Ronald K. Nims LLC | Ronald K. Nims
As far the the IRS is concerned the parent with custody of the child,has the right to claim the child's exemption. ?The 2009 decree is not relevant, as a noncustodial parent, she can only claim the child if you surrender your right to claim the exemption. ? However, if the 2009 decree requires that you sign the IRS form surrendering your right to claim the exemption and you don't sign it when requested, you'll be in contempt of court.
Answer Applies to: Ohio
Replied: 7/22/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
If you're the custodial parent and she's not paying any child support, claim him.
Answer Applies to: California
Replied: 7/22/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You need the judge's opinion and a modification of the provisions of the divorce to reflect the current reality. You appear to need an attorney to push this through.
Answer Applies to: Michigan
Replied: 7/22/2015
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