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My wife and I are going thru a divorce. We have 2 children.

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My wife and I...

My wife and I are going thru a divorce. We have 2 children. We separated in February of 2017 and shared week on week off custody until July 14th hearing date in which she was awarded temporary sole managing conservator. My income was the higher of the two. Who claims the dependents?

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

No the divorce is not final yet

Submitted: 5 months ago.Category: Tax
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3/6/2018
Tax Professional: Robin D., Senior Tax Advisor 4 replied 5 months ago
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 18,375
Experience: 15years with H & R Block. Divisional leader, Instructor
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Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

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Tax Professional: Robin D., Senior Tax Advisor 4 replied 5 months ago

The one the children spent the most nights with in the year would generally be the custodial parent. If after the hearing they spent more nights with the mother then she is the one that the IRS would see as the custodial parent. She would claim them.

You can split claiming them (you claim one and she claims one) or she can agree to let you claim both but she will need to sign the form 8332 so you can include that with your return.

Please let me know if you need more information.
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Customer reply replied 5 months ago
The divorce is not final yet and she wasn't awarded conservator until July. Up until that time we had the kids equal amounts of time. For 7 months in 2017 we shared custody equally. With that being said are you stating that because she has had the kids from July to Dec,, over half of the time, she gets to claim both dependents for 2017? We shared for 7 months and she had more nights for 5 months.
Tax Professional: Robin D., Senior Tax Advisor 4 replied 5 months ago

Because she had more nights in the over all year, yes. The IRS only looks to who was the custodial parent based on nights spent in the home of that specific parent.

Over the full year the children were in her actual custody more.

https://www.irs.gov/pub/irs-pdf/p4449.pdf

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Tax Professional: Robin D., Senior Tax Advisor 4 replied 5 months ago

In your divorce decree you should make sure to have it stipulated that you can claim one or both of the children. If they will be staying with their mother more nights in the year get the form 8332 signed with the decree.

A positive 5 star rating is appreciated so I am credited for assisting.

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