Can my ex boyfriend claim our son on his taxes because I am unemployed? 1 Answers as of February 17, 2012

My bf and I separated but not married. We had a 3 year old son. Now my ex wants to file tax and wants to claim our son as his dependent since I'm currently unemployed and he said because he's still the father and he pays child support. But I am the custodial parent. Is that possible he can do that?Ca

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The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
Claiming a dependent is not based on custody, although in most instances the custodial parent is the one who provides the greatest amount of support, which is the actual test of who can take the exemption. That is - who provides the greater part of the housing, food, clothing, money for the person to be claimed as a dependent. That is the person who claim the exemption.
Answer Applies to: California
Replied: 2/17/2012
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