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woodrow1e
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Should I calm my kids or does the mom clams then too we have 50 50 custody

 
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2 Replies

Should I calm my kids or does the mom clams then too we have 50 50 custody

The child can only be clamed as a dependent on one tax return.  Only the custodial parent can claim the child as a dependent.  The custodial parent is the one who the child lived with for over 6 months of the year.  Or more than 183 days of the year.

Should I calm my kids or does the mom clams then too we have 50 50 custody

There is no such thing as 50/50 custody----one of you had the child for more nights.  The parent who had the child for at least 183 nights is the custodial parent.

 

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

 

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

 

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

 

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

 

 

 

There are also IRS tie breaker rules if you need them

 

TIE BREAKER RULES

https://itap1.for.irs.gov/owda/0/resource/Commentary_Files_Redirect_ITA/en-US/help/tbrk09.html

 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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