Tax Year Prior to 2020: Claiming

[hmizer8]

My ex husband has custody of our kids but they moved in with me last March so they have lived with me for 10 months can I claim my kids or can my ex husband???

[NCperson]

who provided over 50% of their support?  just answer the questions in TT and you will see whether you are able to claim them.  

only ONE of you can honestly answer whether more than 50% of support was provided.  

[hmizer8]

I do I’m there mom and they live with me but there dad claimed them this year

[CatinaT1]

The IRS looks at who the custodial parent is and who is not.  The custodial parent is who the child lives with for more time during the tax year.

When you allow a non-custodial parent to claim a child, you are only releasing the ability to claim the child for Child Tax Credit under the special rule for divorced and separated parents.

The custodial parent retains tax benefits related to Head of Household filing status, Earned Income Credit, and the Child and Dependent Care Credit.  To be eligible for these credits, the child must have lived with you for more than half the year, so the non-custodial parent is not eligible for those credits.

This article will give you more information: Divorced and Separated Parents

[hmizer8]

He is custodial parent but they live with the mom for the past 10 months

[JamesG1]

I suspect that a divorce or separation or custodial agreement detemined that the ex-husband would be the 'custodial' parent.  Am I correct?

The general instuctions for IRS form 8332 Release / Revocation of Release of Claim to Exemption for Child by Custodial Parent also define custodial and noncustodial parent.

• "The custodial parent is generally the parent with whom the child lived for the greater number of nights during the year.
• The noncustodial parent is the other parent.
• If the child was with each parent for an equal number of nights, the custodial parent is the parent with the higher adjusted gross income."

Assuming you meet the other qualifications, you are able to claim the children.

I am hopeful that the other parent is in agreement with you claiming the children and will not try to also claim them?

[hmizer8]

Since the kids live with me and I have them 24/7 I get to claim the kids??

[VictorW9]

But you said your husband already claimed them for this year, right? If he has already claimed them and he is the custodial parent, then there is not much you can do. It would have been okay if you and your husband had come to an agreement that you will be filing for them with the understanding that they live with you most of the year. Something you and your husband will need to discuss or you can apply to vary the court order in your favor.