SPARC Forums

Does anyone know how the courts determine who gets to claim the kids for tax purposes? Do they look at the incomes of the parents.

I have physical custody and my ex gets every other weekend and 5 1/2 weeks in summer parenting time.

He makes $6.00 per hour and I make $18.00/hr. He lives with his wife's mother. Wife doesn't work as far as I know.

My husband makes $18.00 per hour. Our income is much higher than his. I provide all medical/dental/optical insurance.

Just curious how that works.

states I have dealt with split the exemptions every other year.  You get CS, you get the tax credits, you get the exemption year after year.  Does your ex continue to pay you CS during the 5 1/2 weeks in the summer, or do you reimburse the CS back to him, or is it factored into the CS?  Arizona, New Mexico and Washintgon all alternate the tax credits.  My guess is that your ex will win on claiming at least every other year.

Ex gets 50% abatement when he has kids for summer

and my son's court case, the NCP is entitled to a portion of the tax deductions.  However, as Soc pointed out, it really depends upon the state. California factors the deductions into it's CS formula.  In ARizona, the guidelines for the tax exemption follows the CS formula.  In otherwords, since you make so much more then your ex and you provide 66% of the CS guideline, and he 33%, then he would be entitled to 33% of the CS.  You did not post how many kids you have.  If you have 3 kids then he would be entitled to claim one each year.  If you have two kids, then he would be able to claim one every other year.  If you have one kid, then he would get every third year.  This is just an example of how Arizona bases their exemptions on.