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Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year.

The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent. Time spent in Day Care and/or School is deducted from the total.

First, this would only apply in cases where support obligations extend in the secondary school years. See below for list.

If this is the case, the problem that this regulation does not address is the circumstance asked about. In this case, it must be reliant specifically on what is stated in the child support order. If not addressed there, then a motion to modify the order may be necessary.

However, I seem to remember an IRS ruling in the 90s that addressed this in which the child support obligor was awarded the deduction as he was providing more then 50% of the financial support for the child.

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Q: Who should claim a child on taxes if the child is attending college and not living with either parent?
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