Asked 1/20/2010
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Claiming dependant I was recently advised that I should be claiming my son and not my ex wife due to my incoming being significantly higher than hers. We have joint shared legal custody of our son however he resides primary with her. Child support is paid to my ex wife for our son by myself. My ex wife has claimed him on tax returns in previous years and I have not. Do I have the right to claim him? |
Answer 1/1 - Submitted 1/20/2010
Your income has no effect on IRS laws, if he does not reside with you for more than half the year, he is disqualified as your dependent.
Now, some people do recognize the "value" of the benefit of having a child reduce taxes, and will incorporate that into their Divorced Decree. If your Divorce Decree does not state specificly that you may claim your child, you simply can not.
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