The Commerce Journal,Business and Local Businesses
*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.

You the court decree didn't specify one of you and neither of you kept track, it's going to be a little difficult to figure out.

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:

152(c)(4)(B) "More than 1 parent claiming qualifying child."--If the parents claiming any qualifying child do not file a joint return together, such child shall be treated as the qualifying child of--
(i) the parent with whom the child resided for the longest period of time during the taxable year, or
(ii) if the child resides with both parents for the same amount of time during such taxable year, the parent with the highest adjusted gross income.

But also see the IRC regulations at section 1.152-4T ("Dependency exemption in the case of a child of divorced parent, etc."), which also includes explanation of general rule described above, but outlines scenarios where the parents may, by written agreement, deviate from that rule.

Tags
  Austin   Atlanta   Other - Business & Finance   Other Taxes   United States Taxes   United Kingdom Taxes   Spain Taxes   Singapore Taxes   Mexico Taxes   Ireland Taxes   India Taxes
Related information
  • What is the difference between a first a second borrower on a mortgage loan (regarding tax)?

    Assuming that both people are on title to the residence, who ever writes the check gets to take the deduction. If you are ever audited on mortgage interest, the IRS will want to see checks to suppo...

  • Will I still get my tax refund?

    You can protect your share of any refund on a joint return by filing Form 8379 with your tax return. Expect the processing of any refund to be delayed for several weeks, however. You can avoid ...

  • Taxes - Partial Deductions?

    A partial deduction is one that is limited to a portion of your AGI. Medical deductions subject to a 7.5% AGI are an example, as are charitable donations which are generally subject to a 50% AGI c...

  • How do I get my mom to stop claiming me on her taxes?

    Tell your mom you are filing taxes & claiming yourself & suggest that she not claim you because if the IRS audits you both, she will lose the deduction and have to pay back taxes, interest...

  • Are IRA's roth and traditional 100% tax defered? Are there different rates of returns for IRA's?

    "Tax deferred" means that you don't pay taxes each year while the IRA is invested and grows. A traditional IRA is both tax deductible and tax deferred. If eligible, the money put...

  • What is the process regarding W-2 forms when taxes are witheld?

    Yep. You'll get a W-2, probably around the middle of January. It will list the name of your employer, the amount of wages you earned, which will be gross wages, the amount of FICA withheld, ...

  • How come my property tax goes up?

    thank the demacrats. They keep raising the taxes. The value of your house is falling due to the recession that is no doubt coming our American econemy is failing. You cna thank Corporate America fo...

  • Is it better to file your taxes as married or single?

    If you are married then you have two choices. Married Filing Jointly is the best option. Married Filing Separately is the least desirable status to use. Try it both ways and you will see for you...

  •  

    Commerce Categories--Copyright/IP Policy--Contact Webmaster