Get your taxes done using TurboTax

There is not a rule that says the spouse with the higher income "has" to claim the children.   The higher income can be the "tie-breaker" if two parents cannot agree on which one will claim the children.   I hope that you and your spouse followed all the other rules for filing separate returns-----you both had to file the same way----either you both itemize or you both use standard deduction.

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