“ I know I am entitled to claim her because I am the custodial parent and in the decree doesn't state otherwise. Does it matter how much I made in 2012 and that he pays support? “===>When parents separate or divorce only one may claim the dependent exemption. Normally, the custodial parent receives the exemption, because the child lives with that parent for the greater part of the year. HOWEVER, the noncustodial parent may claim her exemption by completing the required form and by following the rules set forth by the IRS. Your ex-husband, as a noncustodial parent, must; 1. he must be legally divorced or separated under decree or separate maintenance agreement, a written separation agreement or live apart for six months, regardless of whether the parents were or are currently married. 2.the kid must receive half of all support from the parents for the current tax year,2012;3. you ,the custodial parent, must sign a written declaration allowing him to claim the child. He must attach "Form 8332, or comparable statement from you. The statement must release your claim to the dependent with no conditions. This means you cannot require timely child support payments a condition of claiming the child..