Divorced in 2023, papers say we each get to claim one child, both children are with me 365 nights/year. Do I just leave the second child completely off my tax return?

[doublea781]

He pays child support, but I have full physical custody of both children, and he has supervised visits one weekend per month.  The children live with me full time.  Just wondering if I include only the one child or include both but don't claim the second credit?  

[TomK2023]

Yes, include both of your children.  Do not mark one as a dependent.  

[xmasbaby0]

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.

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.

[doublea781]

I am the custodial parent.  I have full physical custody, and their dad only has one weekend visit per month, supervised, non overnight.  Both children are in my care every single night of the year.  It states in our divorce paperwork that he gets to claim one child and I claim the other.  I have not signed any tax forms allowing this as of yet. 

So from what I've been told so far, I put both chidlren on my tax return but only claim one as a dependent? 

[Vanessa A]

That is correct.  You will put both on your return and only claim one as a dependent.  As you go through the questions regarding your kids, you will come to a few questions asking if you have an agreement with anyone else to claim them.  This is where you will answer yes and be able to not claim one of them. 

[doublea781]

Thank you so very much!