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Seperation/divorce and tax claiming?

My DD has one child by her DH and one by a previous man. I know she can claim her oldest.  But who is entitled to claim their child.  They are not divorced yet.


Asked by louise2 at 1:25 PM on May. 13, 2011 in Money & Work

Level 42 (141,020 Credits)
This question is closed.
Answers (4)
  • They will have to work it out between them until there is a court order that says who gets to claim who. Usually it is whoever the child has lived with longest full time, and whoever benefits more. So if they are seperated now, and they file in Jan and the child has lived with her she would claim the child.

    Answer by gemgem at 1:26 PM on May. 13, 2011

  • By default, per the IRS guidelines, whomever the child lives with the majority of the year (the majority being 6 months + 1 day) is legally entitled to claim the child, unless the custodial parent gives consent for someone else to claim them. Which, after there is a court order in place, MUST be done with a waiver which is placed on file with the IRS.
    Until a court order is in place which establishes custody (which will, by default, establish who is eligible to claim the child), then whoever gets there first is the one to make the claim.

    Answer by ObbyDobbie at 1:34 PM on May. 13, 2011

  • they should work it out by who has the child most of the time. if it is joint custody then they will probably have to agree to claiming the child every other year only to be fair.

    Answer by Bugzmomma at 1:26 PM on May. 13, 2011

  • It should be spelled out in the divorce papers when that happens. But if it's not or hasn't happened yet, then it's the primary custodian - whoever had her for the majority of the time last year.

    Answer by missanc at 1:27 PM on May. 13, 2011