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Just because one parent pays child support and carrys insurance on the child do they have the right to claim them at income tax

which parent has the right to claim there child at income tax time? the father pays childs support and carrys the child on there insurance but the child lives with the mother and the father gets visitaions so does that give him the right to claim the child just cause he pays support and has insurance.?

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Attorney answers (2)

Reputation Level 20
No, the custodial parent must relinquish the right to take the deduction.

This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique legal challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.

Circular 230 Disclaimer - Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisers regarding the same.
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Reputation Level 15
The parent with custody 50.1% or more of the time gets the deduction. Sorry it's not really fair, but that's the way it works. You can, however, go to on your next child support or custody modification and ask that the deduction be split more evenly. If one parent has a lot more income than the other parent, you might want to consult an accountant and see who would benefit more from taking the deduction.

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