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Can my ex and I split up the kids equally on our separate…

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Can my ex and I...
Can my ex and I split up the kids equally on our separate tax returns?
Submitted: 7 months ago.Category: Family Law
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Answered in 52 minutes by:
12/15/2017
Family Lawyer: Sue, Family Law Attorney replied 7 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 571
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law.

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Unless the issue of who takes the tax credit is part of your divorce decree or any other order, you can agree to each take one child. You may want to include with your returns a statement from your ex (and s/he from you) stating your agreement that each take one, and specify which child each of you is claiming.

Be sure to read the IRS information on this subject at irs.gov.

Here's a helpful IRS monograph on the subject.

Please let me know if you have other questions, okay?

Sue

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Family Lawyer: Sue, Family Law Attorney replied 7 months ago

Marcel, my goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please do let me know so I can continue to assist you.

Sue

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Customer reply replied 7 months ago
What is my custody percentage based on this schedule?
I have overnight Tuesdays from 6pm to 8am Wednesdays (school days) 5pm (non school days)
I also have overnight Wednesdays from 6pm to 8am Thursday (school days) 5pm (non school days)Alternate extended weekends from Friday 3pm to Monday 8am (school days) 5pm (non school days)
Who gets the percentage if kids are in school?
Family Lawyer: Sue, Family Law Attorney replied 7 months ago

Did that IRS website give any detail about how the feds count percentages?

Generally speaking, courts count the percentage by overnights. So 2 nights out of 7 every week plus 4 of every ~30 will get you your percentage. School days aren't counted.

It's not the most realistic way to get a percentage, but that's how courts count time for child support purposes.

Does that answer your question to your satisfaction?

Sue

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Family Lawyer: Sue, Family Law Attorney replied 7 months ago

Is there anything else I can assist you with?

Sue

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