I have joint legal custody of my 7 year old son.I have him every other weekend from Friday after school until Sunday night and holidays.I pay child support every month.He lives with his mom,mom's boyfriend,and grandparents in Riverside.I live in San Diego.His mom doesn't work.Can I claim my son on my taxes this year or any year?
My son's mom doesn't work and has never worked, how does she get to file taxes and claim my son as a dependent?
The rule is that the custodial parent gets to claim the dependency exemption unless there is a support Agmt that allows otherwise or the custodial parent transfers the right to claim the exemption by signing a written waiver on IRS Form 8322 which you would attach to your tax return. The waiver does not need to be permanent. No court order is necessary. You would be able to negotiate this by payment of additional support.
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(Bryant) Keith Martin
Yes, the custodial parent wins.
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You cannot claim your son unless she signs a Form 8332. Please see my legal guide entitled DIVORCED OR SEPARATED PARENTS-DETERMINATION OF DEPENDENCY EXEMPTION here at avvo at the following link for more details about the tax rules in this area: http://www.avvo.com/legal-guides/ugc/divorced-or-separated-parents-determination-of-dependency-exemption.
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