Non Custodial parent, never married, livng apart, What can I claim for my child with the Ex already claims

[Dfery]

These responses for confusing.  I have my child for visitation alot, food, clothing shelter, transportation, day care.

Are you saying I cannot get any credits for any of these things, because I am the non-custodial parent?  We have no agreement.  My Ex already claimed my child as her dependent.  What can I do?

[Vanessa A]

That is correct.  As the non-custodial parent, you cannot claim any credits without an agreement and then you can only claim the child tax credit.  The custodial parent still gets to claim the EITC, Dependent Care Credit and Head of Household. 

 

[Dfery]

So what you are saying is that if I get an agreement, like today, I can claim my child as a dependent, file as single, and claim the child tax credit only and the IRS will not come back and ask for clarity on who is claiming the child?

[KeshaH · Accepted solution]

If your ex already claimed your child, you won't be able to claim her as a dependent or get any credits for her this year. You'd need a signed Form 8332 from the custodial parent to claim your child and get the child tax credit. Since she's already been claimed for 2024, this is something you can try working out with your ex for 2025.

[Sam Hopi]

Hi, my question is: I am a non-custodial parent, and my son lived with his dad for all of 2025. We have an agreement that every other year, one of us claims our son on our tax return. What is my filing status, and should I include my son’s information in the dependent section? Should I attach Form 8332, which my ex signed, to my tax return? What other tax forms does he need to file, such as Form 8832, to give me?

Thanks.

[RogerD1]

Since you are a non-custodial parent, you will need to use the Single filing status.  Because your son did not live with you, you are ineligible to claim Head of Household status.

Yes, you will enter your son's information in the dependents section of TurboTax and indicate on the "Do You Have a Custody Agreement?" screen, that you do have an agreement.

Form 8332 cannot be attached to a return and submitted electronically, but it does not prevent you from e-filing your return.  Once you e-file your return, you can look for Form 8453 in the tax return in TurboTax and print it out and mail it along with the Form 8332 within 3 days of e-filing your return.  Form 8453 is also available as a blank form that you can fill in at IRS Form 8453.

Other than the signed Form 8332, there should not be anything else required of you from your ex.

[Sam Hopi]

Thanks

Should both parents file Form 8332, or is it required only for the non-custodial parent? Could you please clarify this matter?

Thank you!

[LindaS5247]

It is only filed by the noncustodial parent with their tax return (or mailed with Form 8453 after e-filing their tax return). The custodial parent is the only one that has to complete and sign Form 8332. This releases the claim exemption. The custodial parent does not attach it to their own return but should keep a copy of it with their tax return  for proof of the release. 

Click here for Form 8453.

Click here for About Form 8453, U.S. Individual Income Tax Transmittal for an IRS e-file Return.

Click here for Form 8332.

Click here for About Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.

Please return to Community if you have any additional information or questions and we would be happy to help.