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Claiming child on income taxes

Asked about 4 years ago - Puyallup, WA

My son has been living with me 95% of the time since about the end of May. I asked his father (previous physical custody) if I could claim him on my taxes this year. He said yes at first, then we had a minor falling out, and now he told my son to tell me I could not claim him. What kind of proof do I need to establish that he was with me. His father had my child support stopped in approximately Aug. or Sept. His father is moving out of state in March. Should I just claim him first?

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Attorney answers (1)

Alec Scott Rose

Reputation Level 15

Answered almost 4 years ago. Violent Crime Lawyer in Santa Monica, CA.

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Usually, the person who had the child the most days of the year is entitled to claim the child, unless that parent has signed a release of claim of exemption to the other parent (IRS form 8332). Check with your tax professional to be certain, or carefully read the IRS's FAQ for divorced people and parents. I attached a link below.

IRS info for divorced persons/parents

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Christopher Michael Larson, licensed in Washington

Henry Daniel Lively, licensed in California

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