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Posted: 1/22/2008 4:22:10 AM EST
Is there a law that says who can claim a child? As in me and me ex are split and I let her claim my son every year, anything stopping me from filling first and claiming him?
Link Posted: 1/22/2008 8:09:12 AM EST
bump
Link Posted: 1/22/2008 8:10:53 AM EST
[Last Edit: 1/22/2008 8:11:18 AM EST by arowneragain]

Originally Posted By FieroLoki:
Is there a law that says who can claim a child? As in me and me ex are split and I let her claim my son every year, anything stopping me from filling first and claiming him?


LOL

I think my mom and dad had a nasty fight over this one year. One was going to claim me, the other filed first.



edit: but I'm no tax expert.
Link Posted: 1/22/2008 8:12:07 AM EST
Link Posted: 1/22/2008 8:12:30 AM EST
God forbid you talk to each other like adults and try to work out some kind of solution.
Link Posted: 1/22/2008 8:14:44 AM EST
Here is a quick and dirty explanation from the IRS website (www.irs.gov):




2.3 Filing Requirements/Status/Dependents/Exemptions: Dependents & Exemptions

How do you claim a child if you agree with your ex-spouse to claim him 6 months and he claims him the other 6 months of the year?

The dependency exemption can not be split. Generally, the child is treated as the qualifying child or qualifying relative of the custodial parent. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the child may be treated as the qualifying child or qualifying relative of the noncustodial parent if certain conditions are met.

The custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.

Refer to Publication 501, Exemptions, Standard Deduction, and Filing Information or Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.


As the blurb says, the exemption for the child of divorced parents is generally claimed by the custodial parent. You might want to take a look at IRS Publication 504. It has great info for you. You can access by going to www.irs.gov and searching for "504".

Good luck mate.
Link Posted: 1/22/2008 8:30:08 AM EST
BUmmer, guess I wont be.
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