I'm getting divorce and have a son. We each pay for his needs when he is in our care. We split all medical costs evenly. I pay pay $324 in insurance for myself, my son, and my domestic partner. My question is who should claim our son on their taxes?
1 Answer from Attorneys
The parent who should claim the child as a tax dependent is the one whom the court orders to claim the child as a tax dependent.
If the court has not made such an order, under the IRS rules, the parent with whom the child lived more gets to claim the child if there is no agreement between the parents as to who should claim the child.
The parents can agree between themselves who should claim the child.
If the parents are cooperative with each other, they can prepare samples returns to see how the most tax refund can be obtained, agree on how to divide up the tax refund, and prepare the returns as agreed.
If the court has not dissolved your marriage by 31 December, you two can agree to file under the status "married, filing jointly". Usually, that is the status with the most tax return.