Q: who gets to claim the child deduction when there is joint custody?
I was awarded joint custody of my daughter and for the last three years my ex girlfriend has claimed the deduction for child credit. What can I do to make sure this deduction is fair to both of us.
A:
As a general rule, the primary physical custodian of the child gets the tax deduction and/or tax credit. That is to say, the parent with whom the child or children live the majority of the time in any given year. That said, parents often are able to come to a mutually beneficial and amicable agreement to share a deduction. For example: If only one child is involved, you can agree to alternate years (e.g., on an odd-even schedule); or, if more than one child is involved, you can find another way to equally divide the years you each can claim. Bear in mind, though, that an "informal" (e.g., verbal) agreement may present problems if one party decides to back-out of your agreement. It's usually best to memorialize these agreements in writing, or by court order.
*NOTE: The foregoing is not intended or represented to be a substitute for tax advice, which should only come from a well-credentialed tax advisor.
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