Claiming Qualifying Child and Tiebreaker Rules

[separate899]

I am married filing separately and I understand if the children have been living with both parents equally for the year, then the parent with the highest AGI may claim the child(ren) as qualifying dependents.  However what if I have higher federal AGI, but my husband has higher state AGI?

Do you go by federal AGI for both federal and states? Or do you claim dependents differently on federal vs state? 

[Mike9241 · Accepted solution]

that a US income tax rule so for federal purposes state AGI is meaningless. for state purposes, you would have to name the state to see if its rule is state AGI or you can go to its website (usually) to get a copy of the state's individual tax return instructions and see if it says anything.  I've never seen such a rule at the state level but... 

[separate899]

Thank you so much Mike. That aligns with another rule I just read where it seems federal agi stands: 

If the child qualifies as someone else's dependent on their federal return, then only they would be able to claim a dependent exemption on a state return