Legal Question in Tax Law in Illinois

In my divorce I get to claim my oldest two kids and the x the youngest. If I let her claim our oldest can I claim them as dependants also? Niether of us pay child support and all medical, schooling and so on is split 50/50. Thanks for any help.

Asked on 6/11/13, 7:29 pm

2 Answers from Attorneys

0 users found helpful
0 attorneys agreed

Only one of you can claim each child. If you both claim the same child, it will hold up both returns and the IRS may deny both until it gets straightened out.

Read more
Answered on 6/11/13, 8:40 pm
Virginia Prihoda Law Offices of Virginia Prihoda
0 users found helpful
0 attorneys agreed

Generally, the custodial parent gets the dependency deduction unless the custodial parent waives the opportunity by signing IRS Form 8332 surrendering the deduction to the noncustodial parent. You can't both take the dependency deduction, and you can't split the deduction, it's all or nothing. After 2008, tax law provides that if the child does not reside with the parent claiming the deduction for the greater part of the year, Form 8332 is required to support a dependency deduction.

Read more
Answered on 6/12/13, 10:42 am

Related Questions & Answers

More Tax and Taxation Law questions and answers in Illinois

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Tax and Taxation Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now