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.