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Under the IRS rules the custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent.Generally - the IRS doesn't follow your divorce degree. According to the IRS - the custodial parent has rights to claim the child as a dependent and for all other tax benefits.However - when the divorce degree assigns the right to claim a dependent to the noncustodial parent - you as the custodial parent should release the claim to the noncustodial parent by signing the form 8332 - http://www.irs.gov/pub/irs-pdf/f8332.pdf - should be filed with the noncustodial parent's tax return. The non-custodial parent should obtain that form signed by the custodian parent for specified years. Please refer to the IRS publication 504 - http://www.irs.gov/pub/irs-pdf/p504.pdf
If a child is treated as the qualifying child of the noncustodial parent under the special rule for divorced or separated parents, only the noncustodial parent can claim an exemption and the child tax credit for the child.
However, the noncustodial parent cannot claim the child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. Only the custodial parent (or other eligible taxpayer) can claim the child as a qualifying child for these four tax benefits.
You stated that you are the custodial parent. At the same time stated that split the days to 50/50.Please be aware that is the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.
If so also work night shift. And the child is enrolled in school in my residence.
That might help if your spouse will argue that he is the custodial parent.But general determination will be based on the number of nights the child spent with each parent.
I'm sorry, I meant I work night shift.
That is OK - but the main question is sill the same - the number of nights the child spent with each parent - even you are not at home because you are working - and the child stays with your parent or someone else - but in YOUR home.
Starting March 1, 2014 he and I will split the days. I get all Mondays and Tuesdays. He gets all Wednesdays and Thursdays. We alternate weekends. Should I go ahead and agree to his request for alternate years from tax exemption or just let the irs audit our taxes?
That is up to you. But what you should consider - if the child will live with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income. So - you your spouse earns more money - he will be the custodial parent.
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