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posted May 31, 2019 9:29:44 PM

Hello. My ex wife and I have an agreement that she claims on of our kids and I claim another. she already filed and said both live with her, which they do. Help

Now do I get to just claim him for the tax break? I thought that I can claim him and say he lives with me? Am I wrong??

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1 Replies
Expert Alumni
May 31, 2019 9:29:45 PM

Here's what you need to do:

  1. Enter your child in the Personal Info section.
  2. When asked how many months he/she lives with you, DO NOT INDICATE THE WHOLE YEAR. Answer this question truthfully. It can be 2 months or 0 months- the child does not have to live with you for you to claim him/her as a dependent
  3. Continue and say "Yes", you have an agreement with the other parent
  4. Say "No", the child's other parent will not claim him/ her  per our legal agreement.

Claiming the child as a dependent and living with the child are 2 separate and distinct tax benefits

As long as your ex didn't also claim the child as a dependent (which would have been her mistake), there is no conflict here.