Tax Brake with Robert G. Nath, Esq.

The general rule is that you get to claim a child if you provide more than half the support for that child. “Support” means money and the monetary value of non-cash features such as housing. (The other requirements for the exemption: the child is not married, or if married, does not file a joint return for that year; the child meets the citizenship or residency requirements; the child's gross income is less than the exemption amount for the year, or regardless of income, the child is under 19 or a student under 24).

In divorce or separation situations, the parent with physical custody of the child for more than half the year gets the exemption regardless of who provides the support. However, the couple can agree to allocate the exemption or alternate years, by agreement. Form 8332 is used for this purpose.

The other requirements are that the child must receive over half support from both parents; the child is in the custody of one or both for more than half the calendar year; the parents are divorced or separated under a decree or written separation agreement, or the parents are living apart during the last 6 months of the calendar year. The IRS has taken the position that a couple who were never married but have a child cannot take advantage of these rules.

Note that the IRS will go by whoever has physical custody. It does not matter that the divorce decree designates one or another parent for this purpose. If in doubt about all of this, or in close cases, it's best to keep actual records or logs of times and dates when the child was with you. Also keep a log of the support given, including the market value of non-cash support like housing.

This website and the linked publications contain the opinions and ideas of its author(s) and are designed to provide useful discussion to the reader on the subject matter covered.  Any references to products or services do not constitute or imply an endorsement or recommendation.  The advice or discussion presented in this website or linked publications are not intended for use by any particular person and do not constitute the rendering of legal, accounting, financial, or other advise of any type.  The publisher and the author(s) specifically disclaim any responsibility for any liability, loss or risk (financial, personal or otherwise) which may be claimed or incurred as a consequence, directly or indirectly, of the use and/or application of any of the contents of this website or the linked publications.  Information on this website and linked publications is provided "as is" without any warranty of any kind, either express or implied.  All intellectual property, including without limitation trademarks, trade secrets and copyrights, are the property of Robert G. Nath, Esq. and any unauthorized use thereof is strictly prohibited.  Any person is hereby authorized to view the information available on this website for informational purposes only.  No part of the information on this site may be used, redistributed, copied or reproduced without the prior written consent of Mr. Robert Nath or LawTek Media Group, LLC.  Linked websites are not under the control of Mr. Robert Nath or LawTek Media Group, LLC and no representation whatsoever is made about any other website (or information found therein) which you may access through this website.  Links are provided only as a convenience and the inclusion of any link does not imply endorsements or acceptance of any liabilith whatsoever for the contents or the use of such website.

IN NO EVENT WILL MR. NATH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES WITH ANY USE OF THIS WEBSITE, OR ON ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE ENTIRE RISK ARISING OUT OF THE USE OF ANY INFORMATION FOUND HEREIN REMAINS WITH THE RECIPIENT.

BY USING THIS WEBSITE AND ANY LINKED WEBSITE OR PUBLICATIONS REFERENCED THEREIN, THE USER OR READER AGREES IN ADVANCE WITH ALL OF THE ABOVE TERMS AND CONDITIONS AS A CONDITION PRECEDENT TO SUCH USE.

No information or materials posted here are intended to constitute legal advice, nor can we guarantee the accuracy of posted information, especially as to each individual situation. LawTek does not independently check the information contained herein and does not refer or endorse any product, service, or firm. This site does not constitute an attorney-client relationship; local counsel should always be consulted.