Tax Issues for Divorced or Separated Parents 2025

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it is usually more beneficial for the parent with the higher income to claim the children. However, in case that parents income is so high to prevent him/her from obtaining the Earned Income Credit or the Child Tax Credit, then the other parent should claim the children.
If youre separated but not legally separated or divorced at the end of the year The IRS considers you married for filing purposes until you get a final decree of divorce or separate maintenance. In this case, if you dont agree to file jointly, you must file Married filing Separately.
ing to the IRS: A dependency exemption for a child may not be split between two or more taxpayers. Generally, the child is the qualifying child of the custodial parent. Generally, the custodial parent is the parent with whom the child lived for the longer period of time during the year.
Its most common for the custodial parent the one the child spends more than half the year with to claim the dependent. The noncustodial parent, however, may claim the dependent if a divorce or separation decree or a written declaration from the custodial parent says the noncustodial parent may claim the dependent.
IRS Rules: ing to IRS rules, only one parent can claim a child as a dependent in a given tax year. If both parents try to claim the same child, the IRS will typically allow the parent who has primary custody (the custodial parent) to claim the child.
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Answer: No, an individual may be a dependent of only one taxpayer for a tax year. You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent.
Only one person may claim a qualifying child A child may meet all the requirements and qualify more than one person for the following child-related benefits: Dependency exemption.

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