La Quinta, CA
(760) 895-3516

Thursday, April 30, 2015

Claiming Children When Divorced

If you are divorced or seperated and a non-custodial parent, you can get the right to claim a child as a dependent on your return if you have a form 8332. Form 8832 will state that you are not the custodial parent, but the custodial parent is allowing you to claim the child as an exemption on your income tax return. A child will be treated as a qualifying child of his or her noncustodial parent if:

The parents are divorced or legally separated under a decree of divorce or separate maintenance, are separated under written separation agreement, or lived apart at all times during the last 6 months of the year.

The child received over 50% of his or her total support for the year from the parents.

The child is in the custody of one or both parents for more than half the year.

A decree of separate maintenance or written separation agreement that applies to 2012 provides that the noncustodial parent can claim the child as a dependent or the custodial parent signs a written declaration (i.e. form 8332) that he or she will not claim the child as a dependent for the year.

Qualifying Child of More Than 1 Person

Only one tax payer can treat the person as a qualifying child. If you and the other person cannot agree on who is to claim the child and both claim the child on their tax returns, the IRS will disallow all but one claim using these rules:

If both are parents of the child, it goes to the parent who spent the most time with the child.

If both parents spent an equal amount of time with the child, it goes to the parent with the higher adjusted gross income.

If one is a parent and one is a relative (grandparent, aunt, uncle, ect..), it goes to the parent.

If neither of you are parents (i.e. one is grandmother, one is uncle), it goes to the one with the higher adjusted gross income.

If you have any more tax preparation questions and are in the Coachella Valley, CA, please don't hesitate to give us a call.

Borders Bookkeeping
(760) 895-3516