Divorced in 2010. In our decree the order is joint legal custdy, she is primary custodial parent. I have visitation 10 days a month. We had it put in the decree that she would Claim
One child, and I would claim one child. Does this indicate a joint physical custody..even if the time isn't equal?
We can't interpret a decree to determine what type of custody you have without reading the language of the decree, but claiming one of the children on taxes is not really an indicator of the type of custody.
Issues of child support are separate from custody issues, so one parent could (in theory) claim the child as a dependent for taxes even if they rarely see the child.
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Allocating the dependent exemption deductions to one parent or another generally shouldn't have any bearing on how the custody itself is characterized.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
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