If I’m divorced and my son lives with me, who gets to claimhim on their income taxes?

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If I’m divorced and my son lives with me, who gets to claimhim on their income taxes?

His dad has been claiming him without my permission, is that legal? Who really gets to claim him?

Asked on January 21, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is not an easy question to give guidance on. Here is why: first, what does your divorce agreement state?  Second, does he pay child support? And third, generally, in order for someone to claim a child as a dependent, a parent must provide at least 50% of the child's support -not who he lives with - during the tax year. Divorce complicates what is otherwise easy to determine when a couple is still married. You need to speak with your lawyer and your accountant but it is not necessarily illegal.


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