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joint custody vs tax credit

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Junior Member
What is the name of your state?Maryland

Could anyone tell me what is law in regards to joint custody & claiming children on tax returns?
My husband has equal joint physical custody of his 2 children (183/182 days per year each). Nothing is stated in their custody agreement about who claims the children as dependents on their tax returns.

My question is, is it legal if only one claims the children on their tax returns without the others knowledge? Is there any law about this?

Thank you.


Senior Member
Don't even go there. Who has LEGAL custody? If it comes down to it, the IRS will award the exemption/credit to the parent who had the child in the home for MORE time, meaning the 183 days.

Sounds to me like that is the ex-wife. If your husband wants to claim the child, she will have to give him the exemption, via a signed form 8332.

Don't take an exemption you know isn't yours. The IRS will get to the bottom of it eventually, and there will be penalties for fraud and interest as well.


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