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wm030303
wm030303, Enrolled Agent
Category: Tax
Satisfied Customers: 112
Experience:  I am both a CPA and EA with over 30 years of experience in solving tax related issues.
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My husband and I have been legally seperated for all of 2011.

Resolved Question:

My husband and I have been legally seperated for all of 2011. We have 4 children under the age of 15, they live with me, I have a custody order and they did not see him at all during 2011. He lives in California and we live in North Carolina. He does pay support for them and much higher income than I do. I have looked a 1040 6c instructions and pub 972, but I am confused. Who claims the children on the 2011 taxes?
Submitted: 5 years ago.
Category: Tax
Expert:  wm030303 replied 5 years ago.

wm030303 :

Hello and thanks for using just answer.

wm030303 :

As custodial parent you will be able to claim the children as dependents unless you sign form 8332 and release that claim to the childrens father.

wm030303 :

Let me know if you need any further clarification. If not kindly accept my answer.

Customer:

I have not signed an 8332. What confuses me on the 1040 instructions for line 6c is exceptions rules for divocred/legally seperated #2 which states the child recieved over half of his or her income from parents. Does that mean the child did not have their own income, or does it mean the noncustodial parent contributed over half of the childs income?






wm030303 :

The parents have provided more than half of the childs income or support.

Customer:

Wonderful, thank you so much.

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