Question

Child Tax Credit - Divorced

Forum|Forum|1 year ago
July 31, 2024
1 reply
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I just got divorced this past year. For the 2023 taxes, I got to claim the child tax credit and I am told that next year my ex will be the one doing so despite my child living full time with me. Does it work like that? I simply cannot claim it despite having her 100% of the time?

Thank you!

Ask the Experts - Dependents - July 2024

X

xmasbaby0

Employee

Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

A

AndreaS227Author

Yes, I am the custodial parent and I do not recall signing anything. There is a clause in our divorce papers that mentions how I can claim child tax credit on odd years and he can on even years.

X

xmasbaby0

Employee

The IRS does not enforce or care about your divorce papers. The IRS cares about physical custody.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**