Can both parents claim a child if they are divorced?

[sheno2456]

Me an my ex husband are divorced we split everything when it comes to the kid.  Can we both claim her since we split everything down the middle or can only one of use claim her?

[Hal_Al · Accepted solution]

No. But, yes, sort of. .  

 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child , even when the custodial parent has released the exemption to him. 

Also note that you are allowed to split to child, not required to. The custodial parent has first priority on claiming all tax benefits of  the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.