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Claiming a kid on taxes

Asked Mar 13, 2008, 06:30 PM — 4 Answers
I have 2 children and have joint legal custody of them, is it legal to claim one of the kids with my taxes.

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N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
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#2

Mar 13, 2008, 06:48 PM
I think you have to discuss it with your wife and agree.
I hear separated couples discussing which kids they are each going to claim on their taxes this year.
The problem definitely arises if you both go and claim them.

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


Did your wife work?
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oneguyinohio's Avatar
oneguyinohio Posts: 1,308, Reputation: 1023
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#3

Mar 13, 2008, 06:56 PM
For earned income credit, it depends on residential custody. That means who the child lived with for more than 6 months for the earned income credit. The IRS does not seem to allow the nonresidential parent to claim this.

For claiming the child as an exemption, that can be done different ways. If it is not spelled out in the divorce agreement, then the residential parent would have the option of claiming both. The residential parent can also sign a form to allow the other parent to claim a child for certain years.

I have found a big difference between having joint custody, and being considered the residential parent. It can be very misleading.

These are the answers I've gotten over the last 7 years, so hopefully I am sharing accurate information.
cdad (Mar 14, 2008 02:21 PM): I agree. You need to look at your custody paperwork and where it spells out the child support to see if it determines who can take the deduction.   Source:
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N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
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#4

Mar 13, 2008, 07:01 PM
Ohioguy is right and I am sure that if your wife worked and is eligible for EIC then it would be best if she claimed them.
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cdad's Avatar
cdad Posts: 10,959, Reputation: 6540
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#5

Mar 14, 2008, 02:24 PM
Sorry duh moment. That rate the answer should have been agrees. My appologies.
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