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milkmania
10-07-2011, 04:23 PM
1 parent has custody of the child 182 days
the other parent has custody 183 days

who gets to claim the child on their taxes?
Apparently, the rule is the parent that has the child OVER 1/2 the year claims the child on his/her taxes

I used this website for calculations http://www.timeanddate.com/date/duration.html

January 1st. 2011 to July 1st 2011 (including July 1st) is 182 days
July 2nd. to December 31st (including December 31st) is 183 days

EDIT:
1) I won't hold anyone to their answer, I just want a general idea of your thoughts on the matter
2) the person with 182 days has claimed the child solely on their taxes the last 3 consecutive years

kkkeating
10-07-2011, 04:37 PM
See the following link for IRS tie-breaking rules pertaining to who gets to make the dependent claim: http://singleparents.about.com/od/taxhelp/a/claiming-dependents.htm

Iskidaily
10-07-2011, 04:53 PM
huh. I was under the impression that dependent status could be agreed by parents as part of a separation agreement.

chawk610
10-07-2011, 06:35 PM
Yep, it can. My ex and I wrote our own rules... If you guys are amicable... trade off each year.

j.mccreight@hotmail.com
10-07-2011, 06:50 PM
What about leap years? That would make it 183 days for each...

CantRepeat
10-07-2011, 07:28 PM
Regardless, you get to claim all the child support and she has to report it as income, right?

CoFooter
10-10-2011, 12:42 PM
Regardless, you get to claim all the child support and she has to report it as income, right?

That only applies to spousal support/maintenance.

My seperation agreement specified who got to claim the tax credit. We agreed we would take the credit in alternating years.

thatsmrmastercraft
10-10-2011, 01:02 PM
Regardless, you get to claim all the child support and she has to report it as income, right?

Not in MN. Typical tax break is every other year, unless you get hosed.

02ProstarSammyD
10-11-2011, 09:50 AM
Been through all this. Here's what I did. Me/my ex were very amicable about it after I gathered enough evidence to bury her though.

We did the seperation agreement as I get one kid for taxes and she gets one. For 1 child I would alternate. Now heres the kicker........are you paying her alimony and can you trust her?

If you trust her have an agreement written up for no child support but pay her spousal support. You get to write it off and everyone is happy

if you can't trust her none of this applies.

We wrote the spousal support up for 2 years for the first time. This allowed me to cya incase she wanted to try and screw me and after 2 years she was making enough money that I didn't have to go to court over it. FTMFW!

Farmer Ted
10-12-2011, 09:07 PM
who ever files first?