If my ex is claiming 2 of our 3 kids, can I add them to my return for some credit or do I have to leave them off altogether?

[Texas Roger]

Are you or your ex the custodial parent who the children lived with more than half the year?

[xmasbaby0]

You cannot claim the children on your return unless the other parent signs a form 8332 that allows you to get the $500 credit for a dependent and child tax credit.  If your ex does not sign such a form you do not put those children on your return at all.  Even with the signed 8332, the custodial parent is the only one who can get earned income credit or childcare credit.  Without a signed 8332, the custodial parent gets all of the child-related credits.

[xmasbaby0]

Please see the comment above from TexasRoger.  Clarify for us which one of you is the custodial parent, please.  Who did the children live with for 2018--or at least who did they spend the most nights with?

[corriejo_99]

I am custodial however we split custody 50/50. Our agreement is one year I claim 2 and he claims one then we will trade off next year. I am just curious if the kids can be on both returns. There is a question on turbo tax that asks if another parent is claiming the child. I said yes but it appears i still got tax credits. When I took his name off my return, that tax credit was no longer available. So is it possible for both to get some credit? They live at our respective homes every other night so it’s 50/50.

[xmasbaby0]

There is no such thing as 50-50 for the IRS.  The children spent more nights with one of you than with the other.  If you have an agreement to trade off in alternate years, then honor your agreement.  You cannot both claim the same child in the same tax year unless one of you signs 8332 that gives the custodial parent EIC and childcare credit, and awards child tax credit and the personal credit to the other parent.

[corriejo_99]

Thank you! I thought TT would say I needed to remove my child but it just moved to the next screen. I appreciate you answering my question.

[xmasbaby0]

It is not clear what you have now done.  If you have claimed your child as a dependent on your tax return when it is the other parent's "year" then that other parent's e-file will be rejected if you file first.  Then you will have a problem.

[Texas Roger]

For divorced or separated parents or parents who live apart, the custodial parent, if eligible, or other eligible person who the child lived with for more than half the nights of the year, can claim head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit.

The non-custodial parent, if allowed by divorce decree or consent of the custodial parent on form 8332 or similar signed statement, can claim the child as a dependent and qualify for child tax credit if the child is under age 17 or family credit if the child is older. For post-2008 divorce decrees or agreements, form 8332 or similar signed statement is required. The child tax benefits cannot be split any other way.

It depends on how you answer all the questions in TurboTax as you go through entering the child how each of these is handled.