I have 50/50 custody of my daughter. The mom had some stuff going on last year, and I ended up having her more than usual. Normally I don’t claim her, but since I had her for longer, I want to this year. I reached out to the mom, and she told me to go to court if I want to claim her. Should I just claim her and let the IRS sort it out? Or should I reach out to my case worker to see if they can help? I’m not sure what to do.
Check out Form 14815.
It says that if someone else is claiming the child, they need to say they’re not claiming them for the year.
Haven said:
Check out Form 14815.
It says that if someone else is claiming the child, they need to say they’re not claiming them for the year.
After some research, it turns out I don’t need that form unless there’s a court order. Since there’s no order on who can claim her, we’ll both likely claim her. Since we have 50/50 custody, it will come down to the highest AGI, which is probably me.
Since we have 50/50
What does that really mean? For it to be 50/50, the child would need to spend exactly 183 nights with each parent. A court order saying you have 50/50 custody doesn’t matter for taxes. The IRS goes by the facts, not court orders. If a court says one parent can claim the child, the other parent must allow it. But even in that case, the parent who has the child more nights gets tax benefits like the Earned Income Tax Credit and Head of Household status.
Haven said:
Check out Form 14815.
It says that if someone else is claiming the child, they need to say they’re not claiming them for the year.
IRS says the parent who has the child for more than half the year can claim them. Even if it’s 50/50, there are extra days in the year, so it’s not always split exactly. If it’s in the decree, follow that. If not, the parent with the child for more than 50% of the nights gets to claim them.
Here’s a link about the IRS rules: Qualifying child rules | Internal Revenue Service.
It also says the parent with the highest AGI can claim, so even if both of you file around the same time, the IRS might give it to the parent with the higher AGI.
@Haven
From the IRS link:
If both parents claim the child, the IRS will go by who the child lived with for the longest time. The number of nights is the first tiebreaker. If that’s tied, the parent with the higher AGI wins.
@Haven
I just don’t want to deal with IRS issues and a long process. Should I just claim my daughter since I technically should, or should I just leave it alone and cut my losses?
Pat said:
@Haven
I just don’t want to deal with IRS issues and a long process. Should I just claim my daughter since I technically should, or should I just leave it alone and cut my losses?
The info about the form isn’t right. Check out u/6gunsammy’s comment for better advice.
For IRS, the parent who had the child the most nights can claim them. If the other parent wants to claim them, they need to fill out a form. If there’s a divorce agreement, it might specify this, but it’s up to family court, not tax court.
You can claim your child with the IRS, yes. But don’t let court issues get in the way. Does the court order say anything about who claims the child?
Shannon said:
You can claim your child with the IRS, yes. But don’t let court issues get in the way. Does the court order say anything about who claims the child?
No, it’s not in the court order. I’ve let her claim it before since we have 50/50 custody. I just didn’t make it an issue because I’m happy to have my daughter. This year, though, things were tight financially, and since I had her more than we agreed on, I think I should be the one to claim her, according to the IRS.
As mentioned earlier, the number of nights is the tiebreaker.
You can probably also file as Head of Household if you’re the one paying most of the household expenses.
IRS says I can claim her, but so can the mom, and it will come down to a tiebreaker, which is the highest AGI, and that should be me. But I’m still unsure—will this be a long process? How can I prove to the IRS that I had my daughter more? Can I use text messages as proof? I just need some answers. Anyone who’s been through this before, I’d really appreciate your input.
@Pat
Does her medical or school record show she was at your house? IRS wants official records saying she lived with you.
@Pat
First, the number of nights is the main tiebreaker. If that’s tied, AGI comes next. IRS will ask for a calendar showing which nights she stayed with you. After that, they’ll ask for more proof, like text messages. You could also use location history from your phone. If you can show you were dropping her off at school on those days, that would help.
@Remington
I have a marked calendar, text messages from drop-off and pick-up days, and everything else to show.
Pat said:
@Remington
I have a marked calendar, text messages from drop-off and pick-up days, and everything else to show.
You should be good with the IRS. There are other things to think about, but I’ll leave that up to you.