Who has the legal right to claim my daughter as a dependant? 3 Answers as of January 28, 2011In my Divorce decree ( 1999 ) it states that my ex wife got to claim our daughter on her tax return each year and I got to claim our son on my tax return. Know that our daughter files her own taxes ( she is 21 ) my ex wants to claim our son on her taxes ( he is 17 ). My ex is the custodial parent and says because of that she has legal right to claim him. I pay my child support every month and full fill all other agreements and arrangements in our divorce decree. Does she have the legal right to claim our son on her taxes even though it says in our divorce papers that I have the right to claim our son ? What happens if we both claim him ?
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
Your divorce decree is controlling and if she violates the decree she can be held liable for any damages that occur as a result of her breach. Her only recourse would be to have the decree modified. If both of you claim the child then the IRS will determine who is entitled to the exemption.
Answer Applies to: Pennsylvania