QUESTION

Is there a way that my wife and I can both claim the child and receive half of our tax returns?

Asked on Jan 08th, 2012 on Taxation - Alabama
More details to this question:
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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1 ANSWER

Tax Law Attorney serving Birmingham, AL at Meadows & Howell, LLC
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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.
Answered on Jan 20th, 2012 at 8:24 AM

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