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  1. #1
    marchita25 is offline Junior Member
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    JOint custody and claiming on taxes

    What is the name of your state (only U.S. law)? Texas...My ex husband and I have joint custody of our son. He lives with him however. I get him on my weekends and whenever he lets me have him. I do pay child support and i am i am up to date on that. I was wondering if i had a right to claim him on my taxes since we have joint custody and how do i go about doing that? Thank you!
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by marchita25 View Post
    What is the name of your state (only U.S. law)? Texas...My ex husband and I have joint custody of our son. He lives with him however. I get him on my weekends and whenever he lets me have him. I do pay child support and i am i am up to date on that. I was wondering if i had a right to claim him on my taxes since we have joint custody and how do i go about doing that? Thank you!
    No, you do not have the right to claim the child on your taxes. Only the parent with whom the child primarily lives can claim the child, unless that parent signs a form 8332 to release the exemption to the other parent.

    A state court can order the parent to sign a form 8332 giving the exemption to you every other year. However, its not guaranteed that a court would do so. It would depend on what the court felt was equitable.

    If you did have a signed form 8332, you would only be able to claim the child's exemption and the child tax credit. You would not be able to claim Head of Household, Earned Income Credit or Daycare credits.

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