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Me and my ex share custody but he doesnt work, and his parents are trying to claim him before i do... I dont want them claiming my son. How does that work?

I've worked all last year and the father didn't.. We share custody, I have him Sunday through Thursday and he has him Thursday to Sunday. Can his parent's claim my son
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Me and my ex share custody but he doesnt work, and his parents are trying to claim him before i do... I dont want them claiming my son. How does that work?

Maybe, it the child lived with the grandparents more than half the year.  If the child lived with you more than half the year then you can claim unless you release the exemption.

There is no such thing in the Federal tax law as 50/50, split, or joint custody.  The IRS only recognizes physical custody (which parent the child lived with the greater part, but over half, of the tax year.  That parent is the custodial parent; the other parent is the noncustodial parent.)

Who can claim the exemption and credits depends on who is the custodial parent. (By the IRS definition of custodial parent for tax purposes - this is not the same as the custody that a court might grant.).

The test that the IRS uses to determine the custodial parent is where the child lived for more than 1/2 (or greater part) of the year. The IRS will go so far as to require counting the nights spend in each household - that person is the custodial parent for tax purposes (if exactly equal and more than 184 days - The custodial parent is the parent with the highest AGI, if less than 184 days then neither parent has custody). And yes they are that picky.


**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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Me and my ex share custody but he doesnt work, and his parents are trying to claim him before i do... I dont want them claiming my son. How does that work?

Maybe, it the child lived with the grandparents more than half the year.  If the child lived with you more than half the year then you can claim unless you release the exemption.

There is no such thing in the Federal tax law as 50/50, split, or joint custody.  The IRS only recognizes physical custody (which parent the child lived with the greater part, but over half, of the tax year.  That parent is the custodial parent; the other parent is the noncustodial parent.)

Who can claim the exemption and credits depends on who is the custodial parent. (By the IRS definition of custodial parent for tax purposes - this is not the same as the custody that a court might grant.).

The test that the IRS uses to determine the custodial parent is where the child lived for more than 1/2 (or greater part) of the year. The IRS will go so far as to require counting the nights spend in each household - that person is the custodial parent for tax purposes (if exactly equal and more than 184 days - The custodial parent is the parent with the highest AGI, if less than 184 days then neither parent has custody). And yes they are that picky.


**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
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