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.
2 Answers from Attorneys
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.
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.
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