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My ex wife is not required, and is not going to file a tax return for 2012. Can I claim our child?

Martinsburg, WV |

My ex wife earned 0 income for the entire 2012 year. She is not filing taxes. She is claimed as a dependent on her parents income taxes. Who would have the right between her parents and I to claim the child as a dependent. I do provide 100% of the child support. The child's mother was awarded primary custody. We were divorced during 2012 with a final decree.

Attorney Answers 2


Depends on what the divorce decree says as to who can claim the child. if nothing in divorce decree, I would check with the grandparents and just say you are going to claim him this year on taxes and get something in writing. if both of you claim it will be a big problem at some point down the road. You also might want to talk with your divorce attorney about this.

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Jeffrey Todd Jones

Jeffrey Todd Jones


Addendum. I think there is an IRS form that can be filled out to allow you to do this


Read IRS Publication 501 to make sure you qualify to take the deduction. It is best to have an agreement in writing with your spouse allocating the exemption to you. Without a written agreement there is a chance that the grandparents might also try to claim it which could prove a problem with the IRS.

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