Legal Question in Family Law in Oregon

I live in Oregon. My ex-wife and I have joint custody of our son. We share time exactly 50/50.

I pay her child support monthly. Is there any set rule on who gets to claim him as a dependent for tax purposes? Thanks.


Asked on 3/30/10, 4:30 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

"Tie-breaker Rule" --

If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year. Thus, the parent with the higher AGI gets to cliam the exemption.

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Answered on 4/05/10, 8:25 am


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