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Why can't the non custodial parent claim the children on their tax return when they pay more then 50%?


How can the custodial parent who does not have any income, but files a joint return with their new spouse claim the children on their tax return? Also considering that the non custodial parent contributes more than 50% or their entire house hold income and pays for 100% of all medical and non reimbursable medical cost for the children. Why then can the non custodial parent not claim the children on their tax return?

The above answers are all incorrect. They miss the point entirely. The non-custodial parent cannot claim the exemption because that's what the law says, pure and simple.

The only way that the non-custodial parent can claim the exemption is if the custodial parent voluntarily relinquishes the exemption IN WRITING for each tax year in question. The non-custodial parent must attach that written authorization to their tax return to claim the exemption.

There is an exception to that rule if the divorce decree grants the exemption to the non-custodial parent AND if the decree meets VERY specific requirements set out in Federal law. If the decree does not meet those requirements, the IRS must ignore the decree by law and award the exemption to the custodial parent. Source(s): IRS Pub 501
It all depends onwhat was written in the divorce decree. That is something that is decided by the divorce court and not tax law.

It is possible for you to claim the child with the other parent's permission. Also, consider how much the new spouse is paying for the child's support. If the new spouse is working, it is not likely that you are actually paying 50% of the entire household income.
It is presumed that the custodial parent pays more. Who pays the mortgage, food, clothing, etc.? That's potentiallly $1000 a month right there. If the child support goes into the bank and isn't used, it doesn't count at all. If you are truly providing over half of the support, you are entitled to the exemption. Take it and expect a letter.
I would check the laws in your state.If you can verify that you support your kids at least half their support you should be able to claim them on your taxes,unless your right to claim them was part of your divorce decree or court order by a judge.When I was going through divorce my ex claimed them,when they lived with me.I called the IRS and they helped,explained what I had to do,so maybe give them a call.
Fair question. The answer is, that's how the rules are written.

You might want to go to court and present your case, and ask for a ruling that you can claim the children. If it's granted, with all the required language, then the IRS would honor that - court agreements override the IRS rules on who can claim the children if there ISN'T a court ruling.
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