Parents with 50/50 equal share time, Who gets the tax write off?

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DH has 50/50 equal share time of SD5. Also still has to pay $450 CS to BM because he makes wayyyyyyy more than she, also pays for medical, dental, preschool and activities. We were told that DH gets it bcuz he is the Higher Income Earner in 50/50 case.

Of course BM wants to alternate years, which DH would gladly do if they both agreed to pay for SD through out the year (meaning no monthly CS). Since she wont agree DH said the least he wants is to claim SD at the end of year. There is no court order. Looks like DH will just continue to file and see what the IRS will do?

if there is nothing in the

if there is nothing in the CO, then whom ever files first will get it...simple as that.....and to make it fair, in 50/50 with only one child, they should alternate years....

I wouldnt claim SD until you

I wouldnt claim SD until you are 100% sure that BM isn't.

Especially if they were never married. I know in my state, since I was I was never married to BS's dad, I am automically the CP and I get to claim him every year.

Though they may have joint

Though they may have joint custody with 50/50 parenting time since your DH pays CS that makes him the NCP and BM the CP. The CP gets the tax allowance for the kid. Unless otherwise ordered by a court.

At least that is my understanding.

I suggest that you get clarification from an attorney at the least or go back to court for a clarification ruling as the optimal way to go on this.

Good luck.

Hmmm I thought it was the

Hmmm I thought it was the complete opposite

This I got directly from the IRS website:
Equal number of nights. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income (AGI).

So with equal nights it seem that parent with higher AGI gets the write off as a tiebreaking rule thats the only reason DH was going to continue to file

That is good to hear. That

That is good to hear. That gives the 50/50 parent paying CS some benefit for being responsible.

Thats exactly what DH said.

Thats exactly what DH said. He pointed out how the law does make the parent with higher AGI pay parent with lower AGI but at least they make it fair in some way for parent with higher AGI. Just wondering if anyone else knew about any of this as far as laws?

My court order says DH got

My court order says DH got our daughter and I got our son. Our daughter is now 20, I still claim our son due to the C/O stating I claim him. Last year he tried to claim him. I had to turn my divorce papers to the IRS to prove he was mine to claim. IT was a mess. I get NO child support from DH. Never have. I pay all his medical bills as well. DH pays the dentist bills.

Along with what everyone else

Along with what everyone else has said, I believe that the CP has to sign a form for the IRS in order to allow the NCP to claim the child. I also read that, in the event that both parties claim the child, and there is no form, plus nothing stating who has the legal right, they will determine who has the right by looking at who has claimed the child in previous tax returns.