Yes, that's what the IRS says, and most decrees say differently, because teh FAIR thing to do is to give the deductions to the parent who pays for the kids. I was merely explaining the policy behind teh IRS ruling, which is that it will not enter into the divorce to make the decision, and will simply go with the parent who has more than 50% of the parenting time.
Most courts supercede this in the decree by requiring that the custodial parent sign that IRS form to give over the proper number of dependent deductions whenever the NCP is paid up in thier support for the year. IF the CP fails to do it, however, thier recourse is NOT with the IRS, but rather with the divorce court in an order of contempt.
There are a very few divorces where the judge does not grant the exemptions to the parties in proportion to their proportion of support.
Previous
Index
Next
Flat
Re: ? About Income Taxes and dependants.
Edit
Reply
Quote
