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Author: giggles28 Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 120809  
Subject: Who should be able to claim? Date: 2/28/2000 10:12 AM
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My husband has been divorced for 8 years and he has always had his daughter. The divorce papers say they have joint physical custody and are suppose to both support the child. The mother has never supported the child and now she wants to claim the child every other year. Can she do this? The papers say they claim every other year, but she has never supported the child or has the child ever lived with her. She doesn't pay support either. Also she lives in another state than us.
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Author: pmarti Big funky green star, 20000 posts Home Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 30264 of 120809
Subject: Re: Who should be able to claim? Date: 2/28/2000 11:23 AM
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<< My husband has been divorced for 8 years and he has always had his daughter. The divorce papers say they have joint physical custody and are suppose to both support the child. The mother has never supported the child and now she wants to claim the child every other year. Can she do this? The papers say they claim every other year, but she has never supported the child or has the child ever lived with her. She doesn't pay support either. Also she lives in another state than us. >>

When the divorce decree spcifies treatment of the exemption, tax law defers to it. Unless there are conditions in the decree, the mother is entitled to the exemption every other year.

Phil Marti
Tax Preparer

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Author: ToniABS One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 30642 of 120809
Subject: Re: Who should be able to claim? Date: 3/2/2000 12:34 AM
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"When the divorce decree spcifies treatment of the exemption, tax law defers to it. Unless there are conditions in the decree, the mother is entitled to the exemption every other year."

In agreement with Phil, the court document will be the requested proof when and if the IRS asks for it.
Toni

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