Question

Divorced in 2023, papers say we each get to claim one child, both children are with me 365 nights/year. Do I just leave the second child completely off my tax return?

Forum|Forum|2 years ago
February 6, 2024
1 reply
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He pays child support, but I have full physical custody of both children, and he has supervised visits one weekend per month. The children live with me full time. Just wondering if I include only the one child or include both but don't claim the second credit?

TurboTax Deluxe Online

T

TomK2023

Yes, include both of your children. Do not mark one as a dependent.

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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.**

D

doublea781Author

I am the custodial parent. I have full physical custody, and their dad only has one weekend visit per month, supervised, non overnight. Both children are in my care every single night of the year. It states in our divorce paperwork that he gets to claim one child and I claim the other. I have not signed any tax forms allowing this as of yet.

So from what I've been told so far, I put both chidlren on my tax return but only claim one as a dependent?