My ex and I alternate claiming our child. Last year I claimed my child on my taxes, this year my ex claims our child. How do I properly fill that part out? Thanks

carebear1055 · ‎April 5, 2023

My son is still technically my dependent, but we alternate who claims him per the custody agreement. Not sure if I'm supposed to say that I don't have a dependent for this year?

xmasbaby0 · ‎April 5, 2023

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.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

carebear1055 · ‎April 6, 2023

No forms like that or anything. Just a custodial agreement and we have 50/50.

AmyC · ‎April 6, 2023

It sounds like you are filing single with no dependents but there may be other factors. Please run through these quick IRS quizzes to be sure:

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My ex and I alternate claiming our child. Last year I claimed my child on my taxes, this year my ex claims our child. How do I properly fill that part out? Thanks