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How do I answer the questions about having a child when I am divorced and it is my ex's year to claim our child?

2 Replies
Employee Tax Expert


Please follow these steps to enter your dependent if you let ex-spouse claim a child that lived with you more than half a year:

  1. Login to your TurboTax Account 
  2. Click "My Info" from the left side of your screen
  3. Click “Edit” next to your dependent's name
  4. Continue until "Do you have an agreement with X's other parent about who can claim him/her?" and answer "yes"
  5. To the question "Is child's other parent claiming child per your legal agreement?" answer "yes"

If you are the custodial parent then you might can still qualify for the Earned Income Credit, Child Care Credit and Head of Household  if all other requirements are met.

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Opus 17
Level 15


If you answer everything accurately you should have no problems, the questions should be self-explanatory.


If you have custody less than half the nights of the year, indicate this with "5 months" or less as the estimate for how long the child lived with you, and then answer "no" that you do not have a custody agreement that allows you to claim the child this year.


If you have custody more than half the nights, pick "7 months" or longer, and then answer "yes" there is a custody agreement that allows the other parent to claim the child this year.  The child will not be your dependent, but will still allow you to file as head of household, or claim EITC or the Child Care Credit, because those benefits always go the parent with physical custody more than half the year and can't be waived, transferred or shared.  You will also be prompted to print a form 8332, which you must sign and give to the other parent so they can legally claim the child.  



*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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