Have a Tax Question? Ask a Tax Expert
Hello! I am a CPA here to assist you with your tax questions. My goal is to provide you with excellent service today.
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I realize that it's difficult determining who gets custody of a child for tax purposes. The IRS's stance is that it is the parent with whom the child stays the most nights with.
As there are an odd number of nights in the year typically, someone will have the child one more night.
Experts recommend keeping a log of when the child stays with you so that you have proof of your entitlement in the event that both parents claim the same child.
The easiest thing to do would be to get with your child's mom and get into an agreement where you claim him one year, her the other, and so on and so forth. If you are in agreement, then there won't be any problems down the road.
If that's not possible, the person who claims the child first will get the deduction, and when the second return is filed the IRS will request records from both parties to determine who is entitled to the deduction.
I tried that and she has been claiming him
I understand. You would need to have records that proved that you had the child more than the other parent.
Is there anything else that I can assist you with today?
Here's a good resource for those who are sharing custody of the child. The part you are interested in is found under the header "tax custody is different."
thank you. That will help.
I realize that you aren't divorced, but the custody situation is similar
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