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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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<< 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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"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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