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How Do Divorcing Parents Typically Divide Up Who Claims Kids On Taxes?

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Question: How do divorcing parents typically divide up who claims kids on taxes?


There is no specific rule on how the child tax credits are dictated. This depends heavily on the circumstances and any agreements the parents might have. Typically it is by agreement. If the parties cannot agree, then the issue would be submitted to the Court and the Court could order that each party claim 1 child every year, and the youngest rotates. It can be argued that the IRS provisions are that a child can only be claimed if you have had custody of them for more than 50% of the year.

Attorney Erin E. Morse

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