Spouse worked out of state until April 1 separated mid July. Kid lived with me. In Nov we signed temp order that we get 50/50. How many months do I say she lived with me?

[jenniferjepson212]

Kid lived with me the whole year. Only splitting visitation legally since November. July to November she would see him sporadically.

[Bsch4477]

If your question is who can claim the child as a dependent with the associated tax benefits the answer is that parent with whom the child spent the most nights during the year. 

[rjs · Accepted solution]

If the child lived with you for the whole year, then when TurboTax asks how many months she lived with you, you should select "The whole year." The tax law goes strictly by which parent the child lived with for more nights during the year. The IRS is not bound by your separation agreement or court order. The court cannot override federal tax law.

I'm not sure what you mean by "we get 50/50." There is no split custody, shared custody, or joint custody in tax law. For taxes, the parent that the child lived with for more nights during the year is the custodial parent. The other parent is the noncustodial parent.

Only one parent can claim the child as a dependent for the entire year. That would usually be the custodial parent. There is a way for the custodial parent to allow the noncustodial parent to claim the child if you agree to do that. There is no way to claim a dependent for part of the year, or for both parents to claim the child.

The temporary order that you signed that says you "get 50/50" might conflict with the tax law. Family law attorneys and family court judges often know less about tax law than they think they do. You should have a tax lawyer review your temporary order and take it up with your family law attorney if there is a conflict with the tax law.