HomeChild SupportCan someone claim a child when they file their income tax if they pay child support?
Posted in Child Support on 12th January 2011

Can someone claim a child when they file their income tax if they pay child support?
My son’s father pays child support each month, and he doesn’t live with us (my son and me). He wants to claim my son when he file because “he pays child support”. He keeps insisting that he’s allowed to do so, but when I file my other children the first question that’s asked by the accountant is “Does the child live with you?”

Can someone answer this for me?

Best answer(s):

Answer by ckitty
As long as your child lives with you and you provide over half of his support, you can claim him as a dependent. The exception to this is if you have a legal agreement that states he can claim him.

Answer by Tax Chopper
If the father does not have Custody, he can not claim your child.
If you have custody, you are the one who can, he can not.
Paying child support does not give him right to claim the child
If you have custody, file today .

Answer by Van Bo
I am working outside of my occupation/studies on a case like this. The person who pays legally-ordered child support has no revenue claim or deduction for the child as a dependent, so the father may only claim a deduction for his monetary support. The parent who is reponsible for the child, living with the child, in your case – your 7 year old son, claims the child as a dependent for full deduction. However, the amount you receive in support payments is considered as part of your income – but check it for sure with the accountant. What a coincidence, hope this helps.

Answer by anr
If your child lives with you, and he qualifies as your dependent, the child’s father cannot claim him. Along with that, he also cannot write off the child support. The only way he could claim the child is if he is your ex-husband and you sign Form 8332.

Answer by artillerygirl01
Van Bo is incorrect in part of his answer. Child support is NEVER a deduction to the person paying the support, nor is the support income to the person receiving it.

Answer by tro
in the case of divorced or separated parents, the parent the child spends the majority ‘nites’ with is the parent who claims the exemption and this like 184 nites
apparently this is you and if you want to allow the father to claim the child you need to sign the waiver #8332 and he has to file it with his return or it will be rejected, simple as that

Answer by janine o
As the custodial parent, you have the right to claim him.

Answer by George McCasland
Tell him I said the person who has the child 51% of the time gets the deduction. If he doesn’t believe me, tell him to run my name in a search engine.
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