I'm the custodial parent, can I claim him?

strwbrry-swsh — Wed, 28 Jan 2026 06:09:39 GMT

I'm the custodial parent and I've always claimed my child. This year, we went through a court order child support and now he wants to claim him. Would that affect us in anyway? Can I still continue to claim him? Is there a way to alternate who can claim each year?

Re: I'm the custodial parent, can I claim him?

xmasbaby0 — Thu, 30 Jan 2025 19:07:55 GMT

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 no signed agreement, you can claim the child. Paying child support does not entitle the other parent to claim the child on their tax return.

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.

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I'm the custodial parent, can I claim him?

Re: I'm the custodial parent, can I claim him?