What percentage is considered for full tax exemption claim?

[sddad]

What is the name of your state? CA

My ex and I have split 50/50 custody (legal and physical) of our 2 children with each of us having one child for tax exemption. Now she has decided to move to a different area and I wil have about 75% primary custody of both children. Does this warrant a change in my tax exemption now that I will have both of them for the majority of the time? Or this is a gray area that is negotiable?

Thanks in advance.

 

[Ohiogal]

Does it change the fact that she is the mother?

 

[sddad]

Does it change the fact that she is the mother?

I'm not sure of your reply? She's still the mother. My question has to do with tax exemption for providing for our children with me taking on more and her providing less.

 

[StampGirl]

Does it change the fact that she is the mother?

Of course not!!

All that is changing is that the OP wants ALL the tax credits every single year. OP is greedy and doesn't want the NCP to have any exemptions.

The state of CA prefers to have you split the exemptions each year. You only have 2 children which makes it easy. You each claim one child per year. NCP still works and earns a living.

You could have my situation: NCP gets all 3 exemptions EVERY year and they live with me 80% of the time.

 

[sddad]

Reason I brought this up was I saw something like this:

According to IRS tax laws, the person who is the primary custodian is allowed the exemption. The exception to this rule is if the parties agree to let the NCP claim the exemption on their return. In order for him to legally claim your child, he will have to attach either an IRS Form 8332 signed by you, OR attach the cover page, signature page, and the page from your divorce decree which states that he is able to claim the exemption.

 

[StampGirl]

Reason I brought this up was I saw something like this:

According to IRS tax laws, the person who is the primary custodian is allowed the exemption. The exception to this rule is if the parties agree to let the NCP claim the exemption on their return. In order for him to legally claim your child, he will have to attach either an IRS Form 8332 signed by you, OR attach the cover page, signature page, and the page from your divorce decree which states that he is able to claim the exemption.

Trust me all of us on this board are very familiar with the IRS section you quoted. HOWEVER, your COURT ORDER has authority over this section. That dictates you can only claim one child per year. Your Ex claims the other child each year.

Lets say you claim both kids. Your Ex claims her usual deduction (the other child). The IRS comes RUNNING to whoever filed last demanding why the child was claimed by two people. Your Ex shows them the court order signed by the judge allowing HER to claim the child EVERY YEAR. She then files the paperwork in court that you are violating the agreement and the judge orders YOU to amend those returns where you claimed more than your "regular" one child. Of course, then the IRS gets all happy because you owe more money, fees, fines etc.

Just play by the rules and no one gets hurt.