Your details are slowly trickling out, so it becomes confusing. If your spouse is the custodial parent----if the child spent at least 183 nights with him in 2023----and there is a signed agreement on form 8332----the "ex" can claim the child but your spouse retains the right to file as HOH and get earned income credit and the childcare credit. The "ex" gets the child tax credit.
If he is filing HOH, then you can go ahead and file MFS and itemize if you want to. He can use standard deduction since he is HOH.
**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.**
