Children claimed for tax purposes

Dear Buck:

Greetings. The party that keeps the children just one more day per year than the other spouse gets the children as an income tax deduction, unless the parties agreed otherwise in a separation agreement or court order. You can negotiate on how the tax deduction would affect your income. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Is there a standard for who claims the children for tax purposes? Is there an income one parent should reach before the non custodial parent is allowed to claim the child?