Can I claim my son as a dependent if I support him, even though his mother has custody?

March 16, 2005

Subject:  Question from Gilmore
Date:  Sun, 27 Feb 2005
From:  Tom

Hello,

I've been paying support through the courts for the past 8 years to my son, who is 8 years old. My son's mother and I have never been married. His mother hasn't been working for the past 5 years. I wish to claim my son on my tax return, but his mother will not allow it. How do I, and do I have the legal right to claim my son?

Thank you for your time, and knowledge in this matter,

Tom

Answer

Date:  04 Mar 2005

Hello Tom,

The custodial parent is generally entitled to the dependent exemption. The only way for you to get it is for her to release it to you on Form 8332.

Good luck!
Mike Gray

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