- 5 - Since petitioner's divorce decree declares that the primary residence of the children shall be with Ms. White, she is considered the children's "custodial parent" under section 152(e). Petitioner, as the "noncustodial parent", is allowed to claim a child as a dependent only if one of three statutory exceptions are met. Under these exceptions, the "noncustodial parent is treated as providing over half of a child's support and, therefore, entitled to the dependency exemption if: (1)(a) The custodial parent signs a written declaration that such custodial parent will not claim such child as a dependent, and (b) the noncustodial parent attaches such written declaration to the noncustodial parent's return for the taxable year (section 152(e)(2)); or (2) a multiple support agreement pursuant to section 152(c) determines support (section 152(e)(3)); or (3)(a) a qualified pre-1985 instrument provides that the noncustodial parent shall be entitled to any deduction allowable under section 151 for such child, and (b) the noncustodial parent provides at least $600 for the support of such child during the calendar year (section 152(e)(4)).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011