Can we both claim our daughter on our taxes?

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Can we both claim our daughter on our taxes?

Me and my ex-wife have our daughter the same amount of time during the week. I was just wondering can only one person claim her or can both parents claim her on our taxes?

Asked on September 16, 2011 under Family Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, two different parents may not both claim the same child as a dependent on their taxes--a given child may only provide a tax break on a single tax filing.

The issue is not custody; the issue is financial support. Generally, unless allocated otherwise by court order or agreement, the parent who provides more than half the financial support is the one who can claim the child as a dependent for tax purposes, regardless of with whom the child spends most of his or her time.

If you and your ex-wife are equally responsible financially, then you will need to try to work this out or settle it between yourselves; but if one provides more support, than that the parent who should get the tax benefit.


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