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My ex and I have 50/50 shared custody of our son. We have no existing agreement regarding taxes in our divorce documents. The past 2 years we have come to an agreement between us on how to handle it, however with my family situation changing recently, I would prefer to alternate years. When I brought that up, however, he said, "By default, the exemption goes to the person with the highest income, so it's my call." (He makes more than I do.)
I would like to know if this is indeed the case. I had someone else tell me that it is more to do with counting the number of actual days the child was with each parent and the parent with more days (even if it's only a matter of a couple of days) is the one that can technically claim the child. What does the IRS base it on if both parents claim?
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