Wrong parent claiming child on taxes.

Forum|Forum|6 months ago
March 15, 2026
6 replies
89 views

Per my parenting agreement, it is my year to claim my child on my taxes. My x is telling me he is going to claim my child. We have 50/50 custody, so my child spends equal time at each parent’s house over the course of the year. What will happen with my tax return if he files first? What do I need to do to ensure I can claim my child and not get in trouble with the IRS?

Not A Product Question

DoninGA

Level 15

If the other party filed first with the child as a dependent, then you will have to print and mail your tax return if you are claiming the child as a dependent.

The custodial parent that can claim the child as a dependent, as far as the IRS is concerned, is the one where the child lived with for over 183 nights out of the year.

Videogamer123Author

Level 2

Thank you, how will the IRS proceed to decide who will get to claim the child? If I file a contempt of court motion, will the IRS consider the judges decision if it’s in my favor?

xmasbaby0

Level 15

One of you had the child for more nights. Who had the child for at least 183 nights? The parent who had the child for at least 183 nights is the custodial parent.

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. If the child is 17 or older the non-custodial parent gets the $500 credit for other dependents.

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

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.

If you are the parent who can claim the child and someone else files before you and claims the child, your e-file will be rejected. You can file your return by mail and let the IRS sort out the duplicate use of the child's SSN, or you can get an IP PIN to allow you to e-file and claim your child.

WAYS TO PROVE TO THE IRS THE CHILD LIVED WITH YOU

https://www.irs.gov/pub/irs-pdf/f14815.pdf

GET IP pin in order to e-file if your dependent’s SSN was claimed on another return

https://www.irs.gov/newsroom/irs-takes-steps-to-help-prevent-refund-delays-by-accepting-duplicate-dependent-returns-with-an-ip-pin-for-2025-filing-season-taxpayers-encouraged-to-sign-up-soon-for-ip-pin-online-account

https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

**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.**

Videogamer123Author

Level 2

I did not sign form 8332. We have a custody agreement that states that I am to claim the child for this year. There is no way for us to tell at this point who had the child for 183 days. The timing is very equal.

If I file a contempt of court motion, will the IRS consider the judges decision?