A couple that have been divorce, that have 2 children, and have 50-50 custody, and niether pay child support. Can each couple claim 1 child. Was told that the parent that makes the most money should be able to claim both children. I don't think this is I should be able to claim one of my children.
My husband and his ex have 2 children together and they agreed upon each claiming 1 child. They claim the same child each year- we have been doing this for about 10 years and it works out fine.
Similar questions about claiming dependent children on taxes have been posted over the past week or so. Look them up. There are a variety of opinions offered in the responses.
If it were me, I would get out my divorce documents and read the fine print. Somewhere in there it should mention who is legally granted the right to file for the children. Often the language says alternate years. But not always. If it isn't addressed at all in the specific language of your divorce decree or subsequent court orders, then you need to check out the laws of your state (that issued the Final Order in your divorce).
The federal tax bureau is not the agency that makes the determination... all they do is reconcile the tax documents submitted to them. If more than one person submits a tax return claiming the same dependent, then they will audit all parties. Whomever has been granted the LEGAL RIGHT to claim the dependent will "win" and the other party(ies) may be prosecuted for fraud by the IRS.
Don't take any of our word for who should claim your children. Do your research with your own documents, or hire an attorney to advise you what your legal rights are regarding this.
Blessings.
What do your divorce papers say?
Some parents trade off filing years, some claim a child each. It all depends.
Check your divorce papers.
Best wishes.
This is usually something that is in the divorce/custody papers. If not then there is no reason why they can't each claim 1 child. As long as they agree they can do whatever they want.
i watch a lot of judge judy. From what I hear, it just has to be agreed-upon by both parents who will claim what children. If you both claim them, you can get in big trouble with the IRS, so make sure you get whatever you guys agree-upon in writing. If your ex gets mad at you and does something stupid, it'd be nice to have a document to back-up your actions.
My husband has two children from a previous marriage, he gets to claim one and she claims one. It was decided at the time of the divorce and is written in the divorce papers.
This should have been addressed in the divorce papers. If not, whatever the couple can agree on is fine...as long as no more than two total exemptions are claimed.
With 2 kids then each party claiming one child is a good compromise.
I have one child with my ex (although we were not married, but I don't think it matters when it comes to the kid, and custody agreements), and we trade off each year with claiming her regardless of who makes what. One year I claim her, the next he does. So quite similar to what you are proposing.
