[quote]She doesnt' pay support? Then don't give her the exemptions. It's a money thing, not a visitation thing. The exemptions usually go with the parent who pays the money (proportionately with the amount they pay) unless the divorce order forgets to mention it. In absence of an order explaining who gets the exemptions and when, the IRS will just say that the exemption goes to teh parent with more than 50% parenting time (the IRS is not the place to argue the divorce issues, so they do this because it's the only CERTAIN measure they have to tell who is supporting the kids).
It's kind of a reward for the person who provides most of the support for the kids (the one who HAS them most of the time if the one supporting them is not obvious). It is meant to HELP the finances of THAT person. [/quote]
The above is completely wrong. The IRS gives the exemption to the parent who has the most overnights with the child(ren), which is typically the custodial parent. Period.
The non custodial parent could prove that s/he is providing 100% of the support, the custodial parent gets the exemption, as far as the IRS is concerned.
All you have to do is read the 1040 booklet. It has one very important clause in there:
AND if the custodial parent signs a form 8332 releasing the exemption to the non custodial parent.