Tax Year Prior to 2020: Claiming

7 replies
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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???

Not A Product Question

NCperson

Level 15

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.

hmizer8Author

Level 2

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

CatinaT1

Alumni - Intuit

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

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