Is there a way that my wife and I can both claim the child and receive half of our tax returns? 4 Answers as of January 20, 2012

If I have my child for at least half the year (definitely more nights), do I have the right to claim my child on my tax return? Or does the mother automatically have the right to claim the child? We do not have a court order for custody, nor do we have a child support arrangement.

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Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
Only one of you can claim the exemptions. This can get tricky in your situation. Basically the custodial parent is the only one that can claim these exemptions unless that person signs a Form 8332.
Answer Applies to: Pennsylvania
Replied: 1/20/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
You cannot both claim her if you do not reside together as legally married husband and wife, who ever provides more than 50% of child's support is technically entitled to the exemption.
Answer Applies to: Iowa
Replied: 1/20/2012
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The child can be claimed by one person and it is the parent who provides the greatest amount of support - cashn housing.
Answer Applies to: California
Replied: 1/20/2012
Palmer, Meadows & Howell LLC
Palmer, Meadows & Howell LLC | Brad Howell
In order to be able to claim your child as a dependent for tax purposes, you must provide half or more of their financial support, and they must live with you for half or more of the year. There is no way for two people filing two separate returns to claim the same child as a dependent; only one person can claim that child as a dependent. The only way for both of you to claim one child as a dependent is if you were filing a joint return as a married couple.
Answer Applies to: Alabama
Replied: 1/20/2012
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