Tax Rules Trump Divorce Court
Generally, the tax rules trump any divorce decree. Again, generally, the custodial parent gets the dependency exemption and related credits and deductions, including Head of Household. She/he can give away the dependency to the ex, but she/he retains HoH, EIC, and Dependent Care, those stay with the parent where the child resided longest. What specifically do you need to know in your case. Give us facts and ask a question.
-
HOH & Divorce
The TaxBook, p. 3-14 states that a single person who pays over half the cost of keeping up a home and has a dependent child in the home for more than 6 months may claim HOH EXCEPT if the taxpayer's child claimed as a dependent based on rules for children of divorced parents; or, if the child is claimed as a dependent under a multiple support agreement.
Client separated on 2/24/07 and divorced on 9/21/07. Divorce decree allows alternating years for claiming child dependency. Ex-spouse pays child support and paid alimony for 5 months during 2007.
Where can I get clarification of the statements on p. 3-14 of the TaxBook? Do I need to read the divorce decree? All comments appreciated.
Leave a comment: