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

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. 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 created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.


  2. 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 should seek advice from an attorney or tax professional.


  3. 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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