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posted Apr 8, 2020 4:41:26 PM

Can I claim my son as a dependent, even though he lived with his dad for all of 2019, because my ex can't claim him because he is behind in his child support payments?

what happens if an ex-spouse is behind on his child support payments?

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1 Replies
Not applicable
Apr 8, 2020 11:07:40 PM

you ex can grant you permission to claim you son by providing you with form 8332. 

Note: If you are filing your return
electronically, you must file Form 8332 with
Form 8453, U.S. Individual Income Tax
Transmittal for an IRS e-file Return. See Form
8453 and its instructions for more details.

 

being behind in child support has nothing to do with federal rules for claiming a dependent. 

maybe there's something in your divorce decree but the IRS doesn't care.