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

claiming child on taxes: Who has the right to claim the child on their taxes? The custodial or non-custodial parent?
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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.
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Answers (3)

shagel1

The custodial parent?
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drdorsey

Please refer to the IRS website. I have the same problem every year and we live in another state. One of the first questions that is asked when filing your taxes is How many months out of the tax year has the child lived with you? That sums it up. I have been going through this for the past 6 years. I have to pretty much file before her dad or I will be sending in my documents via US mail. I have filed a fraud claim but to no avail.
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Samantha Muirhead White

Samantha Muirhead White

Contributor Level 2
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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