Annette17
Level 2

Good Afternoon.  I have a client that has joint custody of her child.  She has the child 60% of each month.  How would I list this on the 1040 - Lived with Taxpayer in US? 

 

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Skylane
Level 11
Level 11

Generally, TP w/ >50% custody (or where dependent spends more the 183 nights per year) is considered custodial parent. and can claim child as dependent, etc. 

However. there can be a clause in a divorce decree or agreement if something else has been agreed to....   i.e.  claim kid every other year... 

There are plenty of other rules that govern the specifics of the situation. See pub 501 https://www.irs.gov/publications/p501

 

If at first you don’t succeed…..find a workaround
Annette17
Level 2

Thank you so much for the information.  

Have a wonderful Memorial Day Weekend.

😊🇺🇸

George4Tacks
Level 15

VITA has an excellent worksheet https://apps.irs.gov/app/vita/content/globalmedia/dependency_exemptions_4012.pdf

VITA is essentially an arm of the IRS that does free tax returns for low income households. 

 


Here's wishing you many Happy Returns

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Annette17
Level 2

Thank you so much.  This is very helpful.

 

Have a wonderful day.

 

Annette

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