Can I claim my son on my taxes even though he doesn't live with me?

Asked over 3 years ago - San Diego, CA

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?

Additional information

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?

Attorney answers (3)

  1. Bryant Keith Martin

    Contributor Level 18

    1

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    Answered . 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
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  2. Robert Jan Suhajda

    Contributor Level 17

    Answered . Yes, the custodial parent wins.

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  3. Steven J. Fromm

    Contributor Level 20

    Answered . 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-o....

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
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