If you are divorce and share the child, can you 'claim' the child in your taxes, every other year? legally?

Answer 1

Usually, your divorce decree will state whom gets to claim the child. Alot of the times, the husband will take the child in even years and the wife in odd years, or vice versa. If your divorce decree doesn't state who gets the benefit, it falls to the custodial parent. Who does the child live with? If the child lives with you six months and your ex exactly six months as well, then the parent with the higher AGI gets the right. But, if you break it down, that hardly ever happens. There usually is one parent who has the child for more days in the year.

Answer 2

Only one person can claim the child in any one year. The IRS allows the custodial parent to claim the child unless they sign a form 8332 or the equivalent. The form has a space to specify which tax year it applies to. There is no rule preventing the parent from signing the form every second year. You can also specify future years that you give the exemption on a single form. If the divorce decree states alternate years, a 8332 should be signed as well to avoid confusion from the IRS.

Answer 3

Yes you can, and it's legal.

Sometimes it's stated in the divorce decree or support order who can claim the child. If there's nothing there, then the custodial parent is entitled to the exemption unless they release the exemption for a period of time, a year or more, to the other parent. The IRS has a form to do this - Form 8332. You can download it at irs.gov

Answer 4

Yes, you can volley the claim every other year. I speak from experience. However, if you do so, which sounds like your intent, be sure it is clearly stated in the divorce decree so the x-misses doesn't try to pull a funky one on you and they'll try, oh yes they will.

Answer 5

If you have custody of the child then you get the deductions.. or.. whatever the court orders.