Dependent Tiebreaker Rules

[separate899]

I know the IRS dependent tiebreaker rules say that a divorced parent who has more nights with the children than the other parent (even one night more) in the tax year can claim the children as dependents.  My ex and I are currently arguing about who exactly had which nights in 2024. We disagree on that. Will the IRS take a calendar from each of us? Or will they take our custody agreement which says we “have substantially equal timeshare” as the evidence or way to resolve this dispute?  Since we have equal timeshare, then I know the rule is to allow the higher AGI parent to claim.  

Just really want to understand what “evidence” the IRS will go with if the two parents have different stories, but a custody agreement exists saying we have “substantially equal timeshare.”

[Bsch4477]

The irs ignores divorce and custody agreements and just follows its own rules as you have posted. If neither can provide convincing evidence of nights at home the IRS will give the dependence to the parent with the higher AGI. 

Often parents in your situation will agree to claiming the kids every other year to avoid the situation that you are dealing with. 

[separate899]

Thank you for the info, that is helpful. I wish we could agree on a single thing, but unfortunately not. AGI would be best anyway since I always have made more and pay child support and take care of most expenses.