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Which parent usually has the right to claim the child exemption on their taxes the custodial or non custodial parent

Port Orchard, WA |

Who has the right to claim the child on their taxes? The custodial or non-custodial parent?

My ex-husband thinks he has the right to claim our daughter on taxes. I thought the custodial parent, being myself, claimed her because of the amount of money spent supporting her through the year in comparison to the amount spent by him in child support, was more.

Attorney Answers 1


  1. Generally, a custodial parent has the right to claim the dependency exemption unless they have waived the right in a separate agreement. The parent that claims the child as a dependent is also generally entitled to the Child Tax Credit, HOPE and Lifetime Learning Credit and Deduction for Qualified Tuition and Related Expenses. You should consult with your tax advisor to determine whether any of these benefits apply to your circumstances.

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