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My ex and I have 50/50 custody, I pay child support, and earn more money. Does that mean I can't claim my child as a dependent?

Fairfax, VA |

We got separated in march 30th and since September I've been paying child support. But I pay for health insurance, daycare, and other expenses for my daughter.
Also if you really calculate with who my daughter was the most the entire year of 2012 it was with me.
Also, nothing of this was mentioned in our custody agreement.

Attorney Answers 1

Posted

In most states physical custody determines which parent gets the exemption. If custody is 50/50, perhaps you can switch off years with Mother for the exemption. If you can prove the child(ren) actually spend more time with you during the year, I suggest youask the court to allow you to have the exemption. I hope this helps and wish you well.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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