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

Asked almost 2 years ago - 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)

  1. Jeffrey Todd Jones


    Contributor Level 7


    Lawyers agree

    Answered . 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.

  2. Bruce Givner

    Contributor Level 19


    Lawyers agree

    Answered . 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.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and family

Divorce and family covers several issues that can come up during the course of a divorce, such as continuing spousal health insurance.

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