Rinke Noonan Attorneys at Law

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© 2005-2009, Rinke Noonan
Established 1967 - St. Cloud, Minnesota
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 law that is easy to understand

Family Law

What is Marital Dissolution Commencing a Marital
Dissolution Action

Custody

Child Support

Medical Insurance for
Children

Daycare Expenses

Life Insurance for
Children

Tax Exemptions for
Children

Spousal Maintenance
(Alimony)

Dividing the Marital
Property

Dividing the Debts

Discovery
Family Law

Tax Exemptions for Children

27. Who can claim our children as exemptions on our tax returns? Under federal and Minnesota law, the custodial parent is generally entitled to claim the children as tax exemptions. However, it is very common to have an agreement that the non-custodial parent is allowed to claim one or more of the children as exemptions. The court may also order which parent may claim a child as an exemption. One way of claiming the children is for the custodial parent to fill out an IRS form stating that the other parent is entitled to claim the children for that year. Or the divorce decree can say which parent may claim a child. Unless this is put into the Marital Termination Agreement and/or Court Order, the non-custodial parent may not claim the children as exemptions. Whether or not the custodial parent wants to agree to this or whether the court will order it depends on many factors which your attorney can explain to you. In most cases, if both parents work and if support is being paid, the exemptions are shared. 27. Who can claim our children as exemptions on our tax returns? Under federal and Minnesota law, the custodial parent is generally entitled to claim the children as tax exemptions. However, it is very common to have an agreement that the non-custodial parent is allowed to claim one or more of the children as exemptions. The court may also order which parent may claim a child as an exemption. One way of claiming the children is for the custodial parent to fill out an IRS form stating that the other parent is entitled to claim the children for that year. Or the divorce decree can say which parent may claim a child. Unless this is put into the Marital Termination Agreement and/or Court Order, the non-custodial parent may not claim the children as exemptions. Whether or not the custodial parent wants to agree to this or whether the court will order it depends on many factors which your attorney can explain to you. In most cases, if both parents work and if support is being paid, the exemptions are shared.