Can I claim my child on my taxes? Divorced dad.

Asked over 1 year ago - Clarksburg, WV

My ex wife is not filing a tax return because her income was $0. She is a dependent on her parents income. Would I be able to claim my son over her parents on my taxes? My wife was awarded primary custody of our child. We divorced during 2012.

Attorney answers (3)

  1. E. Martin Davidoff

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . Go to www.irs.gov and check out Publication 501. Also, your ex-wife can allow you to claim the exemption by issuing you a form 8338. Good luck.

    Marty Davidoff, emd@taxattorneycpa.com, 732-274-1600. This answer is provided for general information only. You... more
  2. Linda Simmons Campbell

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . The first thing you should do is check your divorce agreement. This is an issue that is typically covered in a divorce agreement. If you are not sure if it was you should ask your divorce attorney.

    info@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not... more
  3. Bruce Givner

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Ms. Campbell and Mr. Davidoff have given you superb answers. You should call and hire one of them if you have questions.

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