jaiye
old hand
Reged: 10/27/05
Posts: 860
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Re: Filing separately
09/17/08 06:17 PM
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As far as the IRS is concerned who ever has primary placement (who the kids live with most of the time) receives the deduction unless it is addressed in the CO. The most fair way would be to switch every other year or if there are 2 kids you each get one that way you both get the benefit of being able to claim them and claim head of household.
The court will issue an order going by what you file and agree to. You can outline all of these issues by filing a settlement agreement. I think most states have forms that you can go by. Agreeing to all terms is the difference between a contested or non contested divorce. Anything you can't agree to will force it to be contested and would need to go to trial for the judge to decide.
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