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Roger, Attorney
Category: Family Law
Satisfied Customers: 31603
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am divorced and have primary residential custody of my young

Customer Question

I am divorced and have primary residential custody of my young daughter. In my divorce papers it does not specifically state who claims her on taxes. I would like to know if that person is me?
Submitted: 8 years ago.
Category: Family Law
Expert:  Roger replied 8 years ago.

In order to claim the child, he/she must live with you for more than half the year. More than half a year means, at minimum, six months and one day. If you share custody, you may want to keep a log of where the child spends the night in your calendar or day planner.


If two or more taxpayers claim a dependent as a qualifying child in the same year, the IRS will use the following tie-breaker tests to determine which taxpayer is eligible to claim the dependent. The tie-breaker tests are listed in order of priority.

The child will be the qualifying child of:

  • the parent,
  • the parent with whom the child lived for the longest time during the year,
  • if the time was equal, the parent with the highest adjusted gross income,
  • if no taxpayer is the child's parent, the taxpayer with the highest adjusted gross income.
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Customer: replied 8 years ago.
I have her 4 days a week and he has her 3 days.
Expert:  Roger replied 8 years ago.
That should qualify you as the one that claim the child.