Spring Valley, CA asked in Tax Law for California

Q: I have legal custody over my son, I pay support, his mother has no income and is on welfare,can I claim him as dependnt

Child support is to start on the first of next month , my time is approx. 16% custody.

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2 Lawyer Answers
Christopher M. Larson
Christopher M. Larson

A: The parent that has the child for the majority of the year can claim the child. The custodial parent can sign a form allowing the non-custodial parent to take the dependency deduction. But there is no basis for claiming Head of Household, etc. unless you have the child for the majority of the year.

Christopher Larson

Insight Law


Zaher Fallahi
Zaher Fallahi
  • Tax Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Yes, you can if the spouse consents. I agree with my colleague Attorney Larson.

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