I am divorced and I claim 1 child and my ex claims the other. If I list the child my ex claims, as a non-dependent will that affect my ex claiming him as a dependent? Also, How do I determine the amount of time he is with me? I have them 246 days a yea

[Phillip1]

It might affect your ex-spouse if he makes the mistake of claiming that the children live with him more than half of the year. The number of days is an excellent way of determining the amount of time your child is with you. In TurboTax, I would enter 8 months (246 days total/30 days per month).

There are specific rules for how child-related tax benefits are applied when divorced or legally separated parents alternate years claiming the children as dependents.

• The custodial parent (who has the children for 183 days or more) can use the head of household filing status, and the can claim the earned income credit, and the child and dependent care credit.

• The noncustodial parent can claim the exemption deduction and the child tax credit.

If your ex-spouse claims the children lived with him more than half the year, one of you cannot e-file (the last one filing) and the IRS will request documentation for the time spent in each of your homes.