Tax Filing With Joint Custody

Dell_Hell · 2022-03-16T18:08:31+00:00

How many nights did your children spend with you vs your ex?

That's the final line.
https://www.irs.gov/publications/p504

"Children of Divorced or Separated Parents (or Parents Who Live Apart) Custodial parent and noncustodial parent.

The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.

If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year.

A child is treated as living with a parent for a night if the child sleeps:

Equal number of nights.
If the child lived with each parent for an equal number of nights during the year, the custodial parent is the
parent with the higher adjusted gross income. "

NothingIsEverEnough · 2022-03-16T18:11:02+00:00

It’s based on parenting time. If one parent has majority time, IRS considers that parent to have right to claim it

johnnycakes321 · 2022-03-16T18:21:58+00:00

I believe you can put in an agreement to alternate years claiming the children in tax returns like I did...granted this is the first year I am claiming our child and STBX claimed last year and no issues have come up. We have 50/50 joint custody, she is primary and I am non custodial but when filing taxes I did not have to specify that if I recall. It really does come down to who spends the most time with children that could technically claim every year but its all about being amicable.

Junior-Database · 2022-03-16T18:58:12+00:00

No divorce decree yet. We will have court mediation in a few months before going to trial to see if we can come to an agreement on things. As of right now, we are both representing ourselves.

thefudmaster · 2022-03-16T18:46:16+00:00

Who claimed the children should’ve been put on your divorce decree. My ex and I split the kids, two each, and we file for those gour separately every year. If it is not in your decree, and you claim your kids, it won’t be a violation of the decree, but it is going to cost a lot of issues that might bring you back to Family Court. I would recommend speaking to your lawyer about this, as they should have put this in the agreement to begin with.

fencingmom1972 · 2022-03-16T20:06:56+00:00

If you have two children and pay child support, have it put in the decree that she claims the older one each year and you claim the younger one each year. That way you both get a yearly tax break rather than getting one large tax break every other year. My ex husband is also required to be current on child support by Jan 31st each year or he loses the previous year’s tax deduction.

pegleg_legal · 2022-03-17T04:26:58+00:00

It usually alternates years. But the best way is to figure out how to minimize what Uncle Sam gets and then divide the economic benefit somehow.

Title	Tax Filing With Joint Custody
Author	Junior-Database
Upvotes	4
Comments	12
Date	March 16, 2022 5:47 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/tfnrta/tax_filing_with_joint_custody/
Archive Link	https://theredarchive.com/r/Divorce_Men/tax-filing-with-joint-custody.1107253 https://theredarchive.com/post/1107253

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