Abingdon, MD asked in Child Custody for Maryland

Q: Shared legal custody/tax filing

My sons father has primary physical custody(he has him 3 days more than i a week depending on the mo th and holidays we split) and and we have shared legal custody, can i claim my son on my taxes?

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2 Lawyer Answers
Elizabeth Pugliese
Elizabeth Pugliese
Answered
  • Divorce Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The child tax credit is set for IRS regulations based on the number of overnights. The parent with the most overnights is entitled to claim the child on taxes -- unless that parent agrees in writing to allow the other parent to claim.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
PREMIUM
Answered
  • Divorce Lawyer
  • Towson, MD
  • Licensed in Maryland

A: If you have shared physical custody AND you are both entitled to claim the minor child(ren) during tax time, under the Internal Revenue Code, if you can't agree on who should claim or you don't alternate, then the parent who has the highest income is the tie-breaker and is entitled to claim the minor child. It is advisable that you and the other parent enter into an agreement to alternate claiming the tax credit.

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