The rules are pretty clear how to go about splitting the benefits of a dependent child. The custodial parent signs over Form 8332 and the benefits are split accordingly. What I could not find however, is if this only applies to divorced or separated couples.
Here is an excerpt from Pub 504:
Children of Divorced or Separated Parents (or Parents Who Live Apart)
In most cases, because of the residency test (see item 3 under Tests To Be a Qualifying Child in Table 3), a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if the special rule (discussed next) applies.
Special rule for divorced or separated parents (or parents who live apart). A child will be treated as the qualifying child of his or her noncustodial parent if all four of the following statements are true.
1.The parents:
a.Are divorced or legally separated under a decree of divorce or separate maintenance,
b.Are separated under a written separation agreement, or
c.Lived apart at all times during the last 6 months of the year, whether or not they are or were married.
What if the parents were never married, do the same rules apply? Can they split the tax benefits of the child, or does one or the other take either all or none of the benefits? Doesn't say they can't, split the benefits, but I couldn't find out were it says they can?
Here is an excerpt from Pub 504:
Children of Divorced or Separated Parents (or Parents Who Live Apart)
In most cases, because of the residency test (see item 3 under Tests To Be a Qualifying Child in Table 3), a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if the special rule (discussed next) applies.
Special rule for divorced or separated parents (or parents who live apart). A child will be treated as the qualifying child of his or her noncustodial parent if all four of the following statements are true.
1.The parents:
a.Are divorced or legally separated under a decree of divorce or separate maintenance,
b.Are separated under a written separation agreement, or
c.Lived apart at all times during the last 6 months of the year, whether or not they are or were married.
What if the parents were never married, do the same rules apply? Can they split the tax benefits of the child, or does one or the other take either all or none of the benefits? Doesn't say they can't, split the benefits, but I couldn't find out were it says they can?
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