How to determine a tax exemption regarding a shared custody arrangement?

UPDATED: Oct 8, 2012

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How to determine a tax exemption regarding a shared custody arrangement?

In my divorce decree, my ex husband and I were supposed to share custody and alternate tax exemptions every other year. However, he has only had my daughter for less than 30 days this year and it’s his year to claim her. The IRS said that I have the legal right to claim her because I cared for her the majority of the year and so did our child support organization (he’s in arrears in child support as well). I don’t know what to do.

Asked on October 8, 2012 under Family Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to have your question concerning which of the parents are entitled to deductions for child expenses and dependents is for you to consult with a tax attorney or your accountant. When you see one or the other (or both) be prepared to bring with you the court order that you have written about concerning shared custody and alternate tax deductions as to the minor children.

My gut feeling is that the Internal Revenue Service's position as to you being entitled to the deductions seems correct under federal tax regulations which is typically followed at the state level.

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