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Andrew Schwartz CPA
Feb 1, 2006 - 6:34PM
Re: divorced parent claiming child

Which spouse can claim which child is generally spelled out very precisely in your divorce decree. Take a few minutes to review all that legal paperwork you signed as part of the divorce.

The IRS will definitely not allow you and your spouse to both claim an exemption on behalf of the same child.

If you receive a notice from the IRS disallowing the exemption you claimed, send them back a short response explaining why you're eligible to claim that child as a dependent on your tax return, and include a copy of that specific clause from your divorce decree. Believe it or not, the IRS does try to get things right.

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