• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tax question regarding joint custody

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lmoran1

Junior Member
What is the name of your state?California

My daughter and son-in-law divorced two years ago. Last year he claimed one child and she claimed two. This year they plan to reverse that with him claiming two children and one for her. Is it permissible for them to switch back and forth each year?
 


LdiJ

Senior Member
lmoran1 said:
What is the name of your state?California

My daughter and son-in-law divorced two years ago. Last year he claimed one child and she claimed two. This year they plan to reverse that with him claiming two children and one for her. Is it permissible for them to switch back and forth each year?
Yes, that is perfectly permissible. However its important that the parent with primary custody as per the divorce decree give the other parent a signed form 8332 each year.

Its also important that the file with the proper filing status, and don't claim credits that they are not entitled to claim. For example, only the parent with primary custody can file for EIC or the childcare credit.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top