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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I have custody of my daughter & my divorce is not final. If

Resolved Question:

I have custody of my daughter & my divorce is not final. If we file our 2008 Taxes as 'Married Filing Seperately' and I allow my husband to claim her, am I setting a presidence that may have negative affects on my ability to claim her in the future?
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.

Thank you for contacting our JA team for guidance.

Please let me know what state the proceedings are in. Why are you allowing him to claim her if you have custody?


Customer: replied 7 years ago.

We reside in Illinois.

For 2008 we were together for 1/2 of the year. I bought a house to move into and qualify for the 2008 1st time home buyers credit (loan) on my taxes. Because that is going to increase my return considerably, I'm considering allowing him to claim her to recieve credit 'one last time' so to speak. I'm trying to be fair - though I'm hearing it may be a stupid move!

Expert:  Tina replied 7 years ago.

I see. No, it does not set a precent for future returns. You should insist on being able to claim her as a dependent (and you head of household) on future returns in the separation agreement though.

Please let me know if you need additional information.


Best regards,




Please press the "accept" button so I may be credited for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Thank You.

Customer: replied 7 years ago.
Is it not a given that the custodial parent has the right to claim the dependant unless otherwise stated? Or are you saying it simply covers my #$% more if the final divorce papers states that specifically.....
Expert:  Tina replied 7 years ago.

Under the IRS laws, the parent who has physical custody of the child for 6+ months is entitled to claim the child as a dependent. However, sometimes parents do not abide by this law, so it is always best to have it stated in the agreement. Yes, cover your #(*$& :)


Good luck to you.

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