They are divorced and both have had him for 6 months each. He now lives with us but she is telling us she is claiming him this year and we can’t. SO I want to know if we both can since with both have had him equally 6 months
Can both parents claim a child in different households if they both had him for 6 months of the year?
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2 Responses to Can both parents claim a child in different households if they both had him for 6 months of the year?
No. What the proper thing to do is for the 2 to decide what year for whom. They then alternate years for claiming. For example, this year you claim the child, next year your exhusband claims the child and so on. By trying to claim the same child on 2 different tax forms in the same year is begging for an audit.
Worked for HR Block
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That a diffent NO.
According to the Internal Revenue Code, the parent who pays for more than 50% of the children’s expenses (including the children’s portion of rent or mortgage, utilities, household food, car gas for transportation, etc.) gets to claim the children as a tax exemption. This is usually the parent with whom the children live more than one-half the year. With that said, under New Mexico domestic relations law, the parents are free to negotiate how to allocate the tax exemptions for children. Keep in mind that child support amounts presume that the parent receiving child support also claims the children as a tax exemption; thus, if you receive child support and you give up the exemptions, you should really be getting more in monthly child support. Also, getting the tax exemptions assumes the receiving parent is working full-time and getting the maximum benefit from the tax exemptions.
http://www.divorcenet.com/states/new_mexico/nm_faq05/view
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