Who claims

[Afrench85]

My kids, father has been on child support for years and does not ever make any payments, but he wants to claim our child.  who has the legal right to do so?

[ThomasM125 · Accepted solution]

The parent who the child lives with would be the default parent who can claim the child.

[Afrench85]

There has been a lot of talk about if someone is on child support they have the right to claim the child and I just needed to verify that thank you for your answer. Is there a place I can look it up and verify?

[MinhT1 · Accepted solution]

The IRS says:

• The parent with whom the child lived the longest during the tax year, if two of the persons are the child's parents and they do not file a joint return together, can claim the child as a qualifying child.

Please read the IRS Tie-breaker rules.