Written by Scott Allen

I am separated from my spouse. Who is entitled to claim our children as dependents? From Tax Debt Advisors, Inc.

Claim our Children as Dependents

The general rule according to IRS Publication 17 is that the parent with the custody for the majority of the year is eligible to claim the children as dependents.  A divorce decree, decree of separate maintenance, or custody decree should specify who is entitled to claim the children as dependents.

Child support payments do not entitle the spouse making the payments to claim the children as dependents.  A noncustodial parent may claim the children if the custodial parent signs IRS form 8332 and agrees to not claim dependency exemptions for the children.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com