claiming child on taxes

[luvstexas]

Hi,
I have sole legal custody of my son and his mother pays CS of $200/month.
How will it work next year when we have to file taxes. I've always claimed him because I've always been the primary caregiver and supporter but now that we have a custody order in place, how does it work with claiming our son. Will she get to claim him or will I?
Thanks for your advice.

 

[irish223]

The IRS allows the primary custodial parent, the one the child lives with for more than 50% of the year, to claim the child.

However, in many custody orders it is agreed that the parents will take turns claiming the child. In those cases, the CP signs a release of exemption form (8332) for the NCP on alternate years, which allows the NCP to claim the child.

If you don't have that agreement, then you can claim the child. Please note though, many NCPs go ahead and file first, claiming the child. When the CP files, they are denied the exemption. The IRS isn't too concerned about who claims the exemption, as long as only one of you does. (After all, they don't know anything about your divorce/custody agreement.)

 

[browneyez417]

Childcare tax credit?

However, in many custody orders it is agreed that the parents will take turns claiming the child. In those cases, the CP signs a release of exemption form (8332) for the NCP on alternate years, which allows the NCP to claim the child.

I am the custodial parent and my divorce decree allows my ex-husband to claim our daughter every even year. Does this also include the childcare tax credit or just the dependent credit?