# Taxes **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [November 24, 2003, 11:22am UTC](https://forum.rosen.com/t/taxes/370 "2003-11-24T11:22:47Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![system](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.rosen.com/system/32/1_2.png) [@system](https://forum.rosen.com/u/system)\ **Post date:** [November 24, 2003, 11:22am UTC](https://forum.rosen.com/t/taxes/370/1 "2003-11-24T11:22:47Z")
Dear Rick, The Internal Revenue Code gives the parent with primary custody of the children the right to claim them as dependents for tax purposes. However, you can agree, as the custodial parent, to give up that exemption to the other parent, or to alternate years. You should definitely talk to a CPA about how that exemption would best be used between you and your wife. Just because one parent is the primary custodian does not necessarily mean it makes the most tax sense for them to keep the exemption. Good luck! Shonnese D. Stanback Attorney The Rosen Law Firm 4101 Lake Boone Trail, Suite 200 Raleigh, North Carolina 27607 919.256.1534 direct voice 919.256.1667 direct fax 919.787.6668 main voice 919.787.6361 main fax [NCdivorce.com](http://www.NCdivorce.com) email: [sstanback@rosen.com](mailto:sstanback@rosen.com) 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. ---
**Author:** ![rjdeviner](https://avatars.discourse-cdn.com/v4/letter/r/6f9a4e/32.png) [@rjdeviner](https://forum.rosen.com/u/rjdeviner)\ **Post date:** [November 23, 2003, 6:13am UTC](https://forum.rosen.com/t/taxes/370/2 "2003-11-23T06:13:42Z")
If we do seperation papers and I move out can she claim kids on taxes this year. Most 90% of the income has been mine. Rick