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It depends on the circumstances. In some cases, the non-custodial parent can claim the child(ren) for the dependent and child tax credits. And the custodial parent can claim the same child(ren) for EIC.

The IRS website and Publication 504 (Divorced or Seperated Individuals) should be helpful to you.

Court orders do not supersede federal law. They are just guidelines to prevent major problems with your tax returns.

2007-01-23 07:27:11 · answer #1 · answered by Celeste 6 · 0 0

Only one parent can claim any given child on their return in any given year. But if you have more than one child, the parents can split them and each claim different ones for the same year. Or they can claim the same child but in a different year.

If there's nothing in writing in a court order directing otherwise, the custodial parent has the right to claim the children unless they release the exemption to the non-custodial parent in writing.

2007-01-23 16:56:25 · answer #2 · answered by Judy 7 · 0 0

depends on the court order. some take every other year since you are still both parents. In the absence of that the custodial gets the write off.

2007-01-23 07:02:47 · answer #3 · answered by golferwhoworks 7 · 0 0

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