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Who Can Claim the Dependency Exemption?
Under federal law, the custodial parent is entitled to claim the dependency exemption on their tax returns, absent an agreement or Court Order to transfer the exemption to the non-custodial parent.
The dependency exemption may be claimed for a child under age 19 or, if the child is a full-time student, under age 24, regardless of the child's income.
The "custodial" parent is the parent who has physical custody of the child for the greater part of the year. If the parents separated during the tax year, after having joint custody, the "custodial" parent is the parent who has physical custody of the child for the greater part of the rest of the year.
In Maryland, the Court has the authority to order the custodial parent to waive the dependency exemption and allow the non-custodial parent to claim the exemption.
Maryland law requires equitable distribution of property in a divorce. The court determines a fair award of property and debt. Unless the couple can reach a settlement, the court divides the marital property, pension, retirement, profit sharing or deferred-compensation plans. The court considers contributions of each party, the well being of the family, the property value, the economic circumstances of each spouse as well as current situations such as age, mental state, the duration of the marriage, and the interest each party has in the property.
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