What are the guidelines for divorced parents claiming a child on tax returns?

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What are the guidelines for divorced parents claiming a child on tax returns?

My ex-wife has legal custody but our 16 year old daughter lives with me and was living with me 11 months of last week.

Asked on January 13, 2013 under Family Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Custom and practice is that the state court issues an order with respect to child support and cusotdy issues as to which parent can claim the minor child on state and federal tax returns. If such is not decided, then you need to either get a written stipulation from your "ex" as to the issue or file a petition with the court seeking such.

However, since you have the minor 11 of the 12 months it would appear that you are entitled to claim the child on your state and federal tax retuns.


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