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In a divorce, who claims children on there taxes, the parent

they live with or the...
In a divorce, who claims children on there taxes, the parent they live with or the parent who pays child support.
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Answered in 11 minutes by:
1/2/2011
Jacy
Jacy, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 568
Experience: Nine years individual income tax preparation and consulting
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Hello,

 

For tax purposes, the custodial parent has the superior claim. If the children spend equal time at each parents home, then there are tie breaker rules.

 

Usually, the parents decide on who is to claim the kids in the divorce agreements. If it is not specifically addressed in the divorce decree, then the custodial parent can decide to claim the children, or release their claim to the non-custodial parent using form 8332.

 

Thank you for your question. Please Reply if you need additional help.

 

Jacy



Edited by Jacy on 1/2/2011 at 7:28 PM EST
Jacy
Jacy, Certified Public Accountant (CPA)
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Satisfied Customers: 568
Experience: Nine years individual income tax preparation and consulting
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