# Claiming children on the taxes

**URL:** <https://forum.rosen.com/t/claiming-children-on-the-taxes/13433>\
**Category:** Divorce and Separation Answers\
**Created:** [January 25, 2012, 12:12pm UTC](https://forum.rosen.com/t/claiming-children-on-the-taxes/13433 "2012-01-25T12:12:32Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![bjgoodwin](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@bjgoodwin](https://forum.rosen.com/u/bjgoodwin)\
**Post date:** [January 25, 2012, 12:12pm UTC](https://forum.rosen.com/t/claiming-children-on-the-taxes/13433/1 "2012-01-25T12:12:32Z")

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I have joint custody with my ex. Who gets to claim the children when filing taxes? Is there any NC law that governs this or does a judge decide it? We settled in mediation but didn’t cover this topic. Thank You

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**Author:** ![ILoveMyCowboy](https://avatars.discourse-cdn.com/v4/letter/i/eb9ed0/32.png) [@ILoveMyCowboy](https://forum.rosen.com/u/ILoveMyCowboy)\
**Post date:** [January 30, 2012, 9:24pm UTC](https://forum.rosen.com/t/claiming-children-on-the-taxes/13433/2 "2012-01-30T21:24:18Z")

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_ **NOT AN ATTORNEY** _

I was in the same situation last year. Whomever the children live with for MOST of the year can claim the children. In our case, we lived together and separated in November 2010. The fact that they lived with me ONE MONTH LONGER entitled me to claim the kids that year. It’s basically whoever has the most overnights with the kids.

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**Author:** ![Ryan\_Short](https://avatars.discourse-cdn.com/v4/letter/r/34f0e0/32.png) [@Ryan\_Short](https://forum.rosen.com/u/Ryan_Short)\
**Post date:** [January 31, 2012, 10:48pm UTC](https://forum.rosen.com/t/claiming-children-on-the-taxes/13433/3 "2012-01-31T22:48:44Z")

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Whomever has primary custody may claim them. You can agree to alternate the tax benefit in a separation agreement.