Who gets to claim my oldest son for tax purposes?

Asked about 1 year ago - Newark, OH

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I am divorced with three kids. The court ordered that I would have my oldest son and youngest daughter as dependents. My oldest son graduated May 2011. I was paying child support for him and the other two kids. My ex-wife claimed him because she said he had resided with her most of the year. She has custody of all three kids. Since the court ordered my son as a dependent and I payed child support up to May do I still get to claim him on my taxes?

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Attorney answers (2)

  1. Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered May 14, 2012 05:48. You may want to re-post this question over in the Domestic Relations/Family Law section. While this is an income tax question, you will get better insights from the DR attorneys ... and of course from your own attorney who will know the parties and the intent of the original order.

  2. Contributor Level 20

    Answered May 14, 2012 06:03. If your son is no longer a student it is likely that he no longer is the dependent of either of you. There are a specific set of rules as to who is a dependent. . For more details please read Divorced Or Separated Parents: Claiming Children As Dependants at the following link: http://www.sjfpc.com/Dependency_Exemption_Divor....




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    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

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