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Old 02-06-2014, 04:31 PM
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Question Divorce decree says husband can claim child as dependant - child turned 18, now wife says she is claiming son - Help.

I have searched high and low to try and find an answer to my situation, and I truly hope someone can shine some light on this for me.

Divorce decree (NC from 2005) states "so long as the Husband is providing child support for the minor child, the Husband shall be entitled to claim the minor child as an exemption for Federal and State income tax purposes, and the Wife shall NOT claim the minor child as an exemption".

Husband has been claiming child as a dependant on income taxes since 2005.
Husband paid child support until minor child turned 18 (as stipulated in the divorce decree) in August, 2013.

Ex-wife just advised that she is claiming our son on her (2013) tax return. Should I, the Husband not be allowed to claim my son for 2013, as I paid the child support for 8 months out of the year?

Any help, greatly appreciated!



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Old 02-06-2014, 09:50 PM
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Join Date: Oct 2010
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Quote:
Originally Posted by MacieRayne View Post
I have searched high and low to try and find an answer to my situation, and I truly hope someone can shine some light on this for me.

Divorce decree (NC from 2005) states "so long as the Husband is providing child support for the minor child, the Husband shall be entitled to claim the minor child as an exemption for Federal and State income tax purposes, and the Wife shall NOT claim the minor child as an exemption".

Husband has been claiming child as a dependant on income taxes since 2005.
Husband paid child support until minor child turned 18 (as stipulated in the divorce decree) in August, 2013.

Ex-wife just advised that she is claiming our son on her (2013) tax return. Should I, the Husband not be allowed to claim my son for 2013, as I paid the child support for 8 months out of the year?

Any help, greatly appreciated!
I guess the divorce decree stipulation controls this issue; She needs permission from the court to behave differently.in my opinion, aslongas you meet the requirements to claim the child as your dependent, you can claim the child. The IRS rules give dependent children to the custodial parent for divorce cases .Child support is not a factor in determining custody. If a legal question arises as to who should be the custodial parent, the most recent custody agreement or divorce decree will be honored.You may contact a tax attorney for sure.



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Old 02-07-2014, 01:03 PM
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Originally Posted by Wnhough View Post
I guess the divorce decree stipulation controls this issue; She needs permission from the court to behave differently.in my opinion, aslongas you meet the requirements to claim the child as your dependent, you can claim the child. The IRS rules give dependent children to the custodial parent for divorce cases .Child support is not a factor in determining custody. If a legal question arises as to who should be the custodial parent, the most recent custody agreement or divorce decree will be honored.You may contact a tax attorney for sure.

Thank you for responding Wnhough. I really appreciate it.



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