Claiming taxes married filing seprate

[Cabrera7]

So me and my ex-wife will be doing taxes separately this year but she is receiving food stamps does she have to claim both kids ? if so how would it affect me since i still do provide for them?

Can she claim one and me the other? I'm very confused.

Or will I not be able to claim them at all

[Bsch4477]

The one with whom the kids spend the most nights gets to claim them. But that parent can allow the non custodial parent to claim one or both by giving that parent a signed form 8332. Contributing to the children’s support is not relevant. 

[Cabrera7]

Okay so  we're still living in the same household how would that work?

[Andrew_W]

Generally, when both parents may claim the child/children, the IRS uses tie-breaker rules to determine who is eligible to claim each child. 

If both potential claimants are parents, then the first test is which parent the child lived with the most during the year (more than 50%). That parent is the eligible parent to claim the child(ren).

If it is a 50/50 split in time, the parent with the higher income (Adjusted Gross Income) is the one allowed to claim the child(ren). 

The IRS tie-breaker rules are here. Also, this article is a useful resource on eligibility for claiming children/dependents: 2023 and 2024 Child Tax Credit: Top 7 Requirements