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Who Claims The Child When One Pays 79% In Child Support But Lives Full Time With Other Parent?

My husbands ex is handicapped so she only pays 21% of the child's care and he pays 79%. She doesn't allow him to see her but shouldn't he be able to claim her since he pays so much? (Yes it says he has visitation. She doesn't allow it.)

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    You need to refer to the Divorce Decree for this information as it should state who gets the dependent care deduction.


    Revision:


    If the decree doesn't state this then where she resides at least 50% of the time is the dependents home and this person is entitle to the deduction child support is not the determining factor, residence is what establishes the deduction. The dollar amount of support is not the issue.



    If you want to release this dependency deduction for all future periods or on a year by year basis this can be done by the filing of Release for Dependency Deduction you can find this form at IRS.gov

    0 0

    Countvak  

    answered 1 year ago

    Honestly...it doesn't address it. The divorce was so whacked out I guess that was forgotten.
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    Wendy1980

    Wendy1980

    commented 1 year ago

      It should state in your divorce decree who claims the child for tax purposes.
      0 0

      Dmj  

      answered 4 months ago

           
           

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