That makes more sense now, so just answer those questions honestly. The IRS wants this information just in case your spouse were to contest who claimed the dependent this year. Typically, if there is a dispute and both parents are otherwise qualified then the dependent deduction goes to the parent with the highest income.
If you earned more, then say yes, and then answer the follow up questions accordingly. If you earned less, then say so and answer the question about legal right accordingly. So long as you and your spouse agree about who is claiming the dependent, these questions will not have a impact on your return.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
