My spouse obtained custody of our children in our divorce settlement and I am paying child support. Am I entitled to claim the tax dependency exemption on my tax returns?
Absent an agreement, the custodial parent is entitled to claim the children as dependency exemptions on their income tax returns. However, it is fairly common for the custodial parent to agree in a divorce stipulation to permit the non-custodial parent to claim the tax dependency exemption either each year or in alternate years. It is also possible for the parties to agree to divide the exemptions each year if more than one child is involved. If the custodial parent agrees to waive their entitlement to claim the dependency exemption, they must fill out a form that is filed with their tax returns each year.
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