@Buickgirl1983 wrote:
We have 50/50. We do week on week off. He doesnt work and they are not married.
There is no such thing as 50/50 custody because the IRS follows federal law and not state court orders. You actually have to count the number of nights the child spends in each home. The custodial parent is the one who has more nights, even if only 1 more. Or, for 2020, since it was a leap year, if each parent had exactly 183 nights, then the parent with the higher income can claim the child but not EIC or head of household status. For those benefits, you must have custody more than half the nights, and exactly half is not more than half.
If it was exactly half and you have higher income than your ex, you can claim the child but you must select "6 months" in turbotax as the custody time. If you had custody 184 or more nights, select "7 months" in Turbotax since 6 months is exactly half and 7 months is more than half the year. If you had custody 182 or fewer nights, you can't claim your child without a signed waiver.
