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?

Asked almost 2 years ago - 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)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,745 answers this week

2,895 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,745 answers this week

2,895 attorneys answering