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Tax returns?

post #1 of 5
Thread Starter 
Who deducts your child/ren?

What impacts which person declares the children? Income? Custody? Other? Other?

What state (province etc) do you live in, if you'd like to share, and how does that impact this? In other words is there a "standard?"

Is this in your agreement?

Did you battle over this?

Thank you so much.
post #2 of 5
It's usually in the agreement. Around here people usually alternate years or split the kids if there's more than one. That's the default arrangement that goes into typical agreements (or if people can't reach an agreements). I'm planning that our agreement will give the deduction to me every year. There are a few things I'm going to take on myself that I could insist we split, so if anyone asks, that's why I end up with the deduction. But I don't think anyone's going to ask.
post #3 of 5
ps. I think I remember reading somewhere that if there's no agreement in place, whoever files first declaring the kids gets them. If the other parent doesn't realize and tries to deduct the kids too, they're the one in trouble. Having proof of an agreement that the 2nd parent was supposed to be the person that gets the deduction puts the IRS back to looking at parent #1.

It's just better to have it in writing!!!!
post #4 of 5
in canada the person with primary custody claims the kids. the person who claims them gets more than just a deduction, if they're low income. there are also a variety of benefits and programs that people get based on their tax returns. if i didn't get to claim the kids i'd be sunk, financially. i'm not sure how people who split their kids 50/50 do it.
post #5 of 5
I don't think there's anything in our agreement, now that I think about it. I have always claimed ds because he has always been with me full time. DS's bio-dad has joint legal, I have full physical. I don't even know if ex has ds's SSN so I don't have much worry that he would try to claim him.
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