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is it true that only the custodial parent can claim the children on their taxes

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ecmst12

Senior Member
That's a complicated question. The custodial parent can sign a form allowing the NCP to claim the child, and CP can be ordered to sign this form as part of the divorce or custody settlement.
 

aqueenwonder

Junior Member
No

whomever provides the majority of the support to the child can file. if the child lives with you. i would think that the majority of your income goes toward the child. parents make agreements and sometimes the ncp will file the child. if you file and the other parent files just show that the child lived with you the majority of the year and you will be fine the other parent will be audited
 

Proserpina

Senior Member
whomever provides the majority of the support to the child can file. if the child lives with you. i would think that the majority of your income goes toward the child. parents make agreements and sometimes the ncp will file the child. if you file and the other parent files just show that the child lived with you the majority of the year and you will be fine the other parent will be audited


Wow, there I was wondering where the crystal ball was hiding all this time.
 

Artemis_ofthe_Hunt

Senior Member
whomever provides the majority of the support to the child can file. if the child lives with you. i would think that the majority of your income goes toward the child. parents make agreements and sometimes the ncp will file the child. if you file and the other parent files just show that the child lived with you the majority of the year and you will be fine the other parent will be audited
Uh, again. No.

New Rules for Children of Divorced or Separated Parents

THIS is where the information is. Again, you need to still your fingers.
 

LdiJ

Senior Member
whomever provides the majority of the support to the child can file. if the child lives with you. i would think that the majority of your income goes toward the child. parents make agreements and sometimes the ncp will file the child. if you file and the other parent files just show that the child lived with you the majority of the year and you will be fine the other parent will be audited
I am sorry but this is completely incorrect.

If the court orders are silent on the issue, then only the CP can claim the child (and the CP is defined by the IRS as the parent with whom the child primarily lived, based on overnight). The exception to that is if the CP gives the NCP a signed for 8332 that allows the other parent to claim the child.

If the court orders, order the CP to give the NCP a signed form 8332 then that also allows the NCP to claim the child.

Its not complicated, in that respect, it pretty simple.
 

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