Douglas Barker

Legal Separation & Divorce

Property Division

Child Custody Cases

Taxes After Divorce

Question:

Which parent can claim a child on their taxes after a divorce?

Answer:

The IRS awards exemptions for dependents to the custodial parent, defined as the parent having custody for the greatest calendar days in a given year. It has little to do with "legal custody" and more so, where a child spends the greatest amount of days during a tax year.

Parties can agree in writing to share the exemption, or to award the exemption to the parent who does not otherwise qualify, but it must be made a provision in the judgment.

For more information, or to obtain IRS tax for 8322, visit: http://www.irs.gov/pub/irs-pdf/f8332.pdf.


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