Can the non-custodial parent claim child on tax return

Asked almost 5 years ago - Tewksbury, MA

I pay child support and I am not the custodial parent. can I claim my daughter on my taxes?

Her mother and I were never married.

Attorney answers (3)

  1. Henry Daniel Lively

    Contributor Level 20

    Answered . It is possible. For a non-custodial parent to claim a child as a dependent Federal law requires that they obtain a Form 8332 from the custodial parent. See my Legal Guide "Claiming your Children as Dependents" on this site under my name.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

  2. Steven J. Fromm

    Contributor Level 20

    Answered . Mr. Lively has the more accurate answer. For more details you can go to my legal guide entitled Divorced or Separated Parents Determination of Dependency Exemption,
    http://www.avvo.com/legal-guides/ugc/divorced-o... for more details.

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  3. Mark L Rosenberg

    Contributor Level 15

    Answered . If you pay more than 50% of her support, you are entitled to the deduction, unless a divorce agreement or other document allocates the deduction another way.

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