Custodial Parent but can't claim on taxes

jennylu4545 — Mon, 02 Feb 2026 19:16:27 GMT

Per the divorce decree my kids spend well over 50% of the time (about 70/30) with me however it also states that he gets to claim them as dependents on his taxes every year (I know I was hoodwinked). I am the custodial parent. I pay for more than half of their expenses. I know I can't claim them as dependents on my taxes in the usual way, but can I still get a tax break as a HOH in another way? For context we have 2 who were both minors in 2025

Re: Custodial Parent but can't claim on taxes

xmasbaby0 — Mon, 02 Feb 2026 19:17:56 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 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. If the child is 17 or older the non-custodial parent gets the $500 credit for other dependents.

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

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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Custodial Parent but can't claim on taxes

Re: Custodial Parent but can't claim on taxes