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

Asked almost 2 years 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. 4

    Lawyers agree

    Answered . Go to 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,, 732-274-1600. This answer is provided for general information only. You... more
  2. 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. Office number: (860) 255-7423 Website: Our reply to your question has not... more
  3. 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.

Related Topics

Child custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Claiming a child as a dependent for taxes

A child can be claimed as a dependent for tax purposes by the custodial parent, but the dependency exemption can also be transferred to the other parent.

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