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Most Americans know that you can claim a dependent and get a tax exemption. But when you're divorced, does the tax exemption still apply?
This question can become tricky especially in cases where both parents have legal rights with regards to the children. After all, the child can only be claimed once. Both ex-spouses cannot claim the child as their dependent on their tax returns.
In many situations, the custodial parent -- the one the child lives with -- will be the one who is able to claim the exemption.
But who qualifies as the custodial parent? The custodial parent is the one whom the child has lived with for the most number of nights during the tax year. If the child lived with both parents for equal number of nights, the custodial parent is the one with the highest adjusted gross income according to the IRS.
But several requirements must typically be met:
For more information on if you can claim your child's dependent tax exemption, contact a tax attorney or a CPA. After all, your divorce will impact your tax exemptions.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.