Dependency Exemption

Who gets the dependency exemption in the divorce?

Generally the custodial parent claims the dependency exemption in a divorce. Custody is defined as caring for a child for a greater portion of the year.  If the number of nights your child spends with each parents is substantially the same, the parent with the high adjusted gross income should take the exemption.  

Remember that you can trade exemptions each year with IRS form 8332.  And if there is more than one child, then spouses can split the dependency exemption between the parents. You can contact me at Amanda@gordonfamilylaw.com for more information.