Who can legally claim the child? How? 8 Answers as of August 25, 2015

If the child does not live with you but with the ex spouse full time, but they pay child support, can they claim that child?

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Walpole Law | Robert J. Walpole
In Oklahoma, the either the judge or the parents by agreement decide who is entitled to claim the child for tax purposes.
Answer Applies to: Oklahoma
Replied: 6/30/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Your question is not clear. Do you mean claim the child as a dependent for income tax purposes? Your lawyer should have dealt with this question in your Marital Settlement Agreement, and may have done soso check the document. If there is no agreement on this issue, and nothing in the court's orders, then the two parents should work it out between themselves. Generally the parent who provides more than one-half the child's support is entitled to the deduction. If the child lives full-time with the mother, probably it's the mother who is entitled to the deduction. But the two of you can work it out whoever you wish and file a federal form which states the arrangement.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Depends...look at your paperwork/order it should identify who claims the child.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
That would be a yes.
Answer Applies to: Georgia
Replied: 8/25/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
By referencing "claiming" the child, I am presuming you mean take the child is a dependency exemption. IRS code clearly states that the dependency exemption belongs to the parent who has 51% or more of the custodial time. The greater timeshare parent can stipulate to the release of the exemption but you need to have this agreement in writing.
Answer Applies to: California
Replied: 6/29/2015
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