Can I still claim my son if his dad pays child support and insurance?

[Sarah10]

I have full legal and residential custody of my son. His father is ordered to pay child support and provide health insurance. The child support agency here says his dad gets to claim him on taxes, but what I've seen online, the tax credit depends on who has the most time with the child. So which one of us actually gets to claim him?

[SweetieJean]

Ask the child support agency to cite the law that permits that.

[DoninGA · Accepted solution]

If you are the custodial parent and the child is eligible to be claimed as a dependent on your tax return, who pays for the  health insurance and child support is not relevant.

[Sarah10]

Well I sure hope that is right, but where do I find out for sure? I don't want to claim him then get in trouble.

[SweetieJean]

However, if the custody/divorce decree allows him to claim the child, he can go to court to enforce that.

[DoninGA]

These are the IRS Qualifying Child rules - 

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child. 

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you unless disabled.

Notice there is no reference to child support or payment of health care insurance.

See IRS Publication 501 - https://www.irs.gov/publications/p501/ar02.html#en_US_2016_publink1000220886