QUESTION

Who can legally claim the child? How?

Asked on Jun 29th, 2015 on Child Custody - Rhode Island
More details to this question:
If the child does not live with you but with the ex spouse full time, but they pay child support, can they claim that child?
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4 ANSWERS

Your question is not clear. Do you mean claim the child as a dependent for income tax purposes? Your lawyer should have dealt with this question in your Marital Settlement Agreement, and may have done soso check the document. If there is no agreement on this issue, and nothing in the court's orders, then the two parents should work it out between themselves. Generally the parent who provides more than one-half the child's support is entitled to the deduction. If the child lives full-time with the mother, probably it's the mother who is entitled to the deduction. But the two of you can work it out whoever you wish and file a federal form which states the arrangement.
Answered on Jun 30th, 2015 at 10:34 AM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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Depends...look at your paperwork/order it should identify who claims the child.
Answered on Jun 30th, 2015 at 8:53 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Depends on what the child support order says.
Answered on Jun 29th, 2015 at 8:55 PM

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The (physical) primary custodial parent generally claims the child for tax purposes, unless the court's child support order gives the exemption to the non-primary parent, or the other parent signs over that right.
Answered on Jun 29th, 2015 at 5:10 PM

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