If my ex wife receives Welfare/cash aid (child support), can she claim my son as a dependent? Can I find out who is claiming my son from the IRS?

[alanharley68]

We share joint legal custody. About 70/30 time split. She is the custodial. She is married, husband on disability, No jobs.

[SweetieJean · Accepted solution]

Ex can claim your son as a dependent since he lives with her more than 50% of the time.  Although her husband is collecting disability, that might be taxable. If not, there is no benefit to them even filing a tax return.

The IRS will not tell you who is claiming him, due to privacy laws. You cannot claim him unless his mother gives you a signed Form 8332.

[alanharley68]

So the welfare doesn't cancel the dependent claim on her part?

[alanharley68]

I'm sorry, I'm just trying to figure this out, I can kind of break down the whole situation if it helps you answer my questions. I feel like she is commiting some kind of fraud, either welfare, tax, or disability.

[alanharley68]

Wouldn't the welare/ cash aid cancel her out from claiming my son aa a dependent?

[macuser_22]

No.   Support has *nothing* to do with claiming a child under age 19.   The only support test is that the child does not pay more than half of the child's *own* support.    It makes no difference whatsoever who pays the support to claim a child.   The only thing that matters is who the child physically lived with more then half the year.

(The old support test was removed by Congress about 15 years ago.)