Generally, a parent who has custody for the greater portion of the year may claim the child as a dependent, providing that both parents together provided more than 50% of the child’s support.

Your divorce decree, Judgment of Divorce, will likely outline which party is able to claim the child for tax purposes. If the Judgment of Divorce does not mention the child tax exemption, then look to the Uniform Child Support Order in your case. The amount of child support considers which party is able to claim the child for tax purposes and creates an adjustment for the other parent who does not receive this credit.

If a divorce is currently pending, then the Uniform Child Support Order would be the controlling document to outline the exemption credit.

My Ex-Wife said I can claim the child tax exemption this year, but your Judgment of Divorce says she is able to claim the child for tax purposes.   Can we make this agreement outside the Judgment of Divorce?

You should always strive to follow your Judgment of Divorce. In fact, if you do not follow the Judgment of divorce you could have repercussions. Nevertheless, the custodial parent, or in this case the Ex-Wife can relinquish the child tax exemption if she chooses. The IRS has a particular form for this relinquishment, Form 8332. The child tax exemption can be relinquished for one year or for a number of years.