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lynnreed27
New Member

My kids go to their dads 2 weekends.does that still count as them living w/ me for the month or do i have to count actual days for how many months they live with me

we have standard expanded custody, i am the primary custodial parent.
3 Replies
xmasbaby0
Level 15

My kids go to their dads 2 weekends.does that still count as them living w/ me for the month or do i have to count actual days for how many months they live with me

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.**
macuser_22
Level 15

My kids go to their dads 2 weekends.does that still count as them living w/ me for the month or do i have to count actual days for how many months they live with me

If they spend the night then it counts as time lived with the other parent,  not you.

More than half the year to the IRS means 184  nights or more (in a leap year - 183 nights in non-leap year) that do not need to be consecutive.

 

See Custodial parent and noncustodial parent in Pub 501

https://www.irs.gov/publications/p501#en_US_2018_publink1000220906

 

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
rjs
Level 15
Level 15

My kids go to their dads 2 weekends.does that still count as them living w/ me for the month or do i have to count actual days for how many months they live with me

You have to count the days. Keep a calendar. Actually you have to count the nights. If they sleep at your home that counts as a day that they lived with you. If they sleep at Dad's home it counts as a day that they lived with him.


The number of months that you enter in TurboTax is not precise. It's the days (or nights) that matter, not the months. If they lived with you more than half the nights during the year, enter 7 months or more. If they lived with you less than half the nights during the year, enter 5 months or less.

 

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