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| *The Commerce Journal>>>United States Taxes |
Tax question..My ex wife and I have joint custody...Who gets to claim the kids on their taxes? |
Tax question..My ex wife and I have joint custody...Who gets to claim the kids on their taxes? Whoever the child actually stays with for over half the nights of the year is considered the custodial parent by the IRS, and gets to claim them unless there's a court order that specifies otherwise, or unless that parent signs a form allowing the non-custodial parent to claim them.. No, no, no, go count the nights where the kid has been sleeping. Whichever parent had the most nights has custody and the parent with custody gets to claim the child on their taxes by default. Generally the person that has the kids for 6 months or more gets to claim them. So if you have joint custody and you have the kids during the week and she has them on the weekend, then you can claim them. If you have equal custody (like split weeks or one month on/one month off) then you have to discuss and agree on who gets to claim them. Check your divorce papers, this is very often outlined in the settlement. There are a number of exceptions and special rules in the tax code, so without knowing the particulars, it appears that Internal Revenue Code ("IRC") section 152(c)(4)(B) sheds the most light on your problem: |
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