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posted Feb 3, 2020 10:27:44 AM

I have 2 kids and my ex husband and I each rotate which child we claim each year but I was told I should still be claiming the other one as a dependent but not as living with me. So one living with m

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Expert Alumni
Feb 3, 2020 10:45:36 AM

The IRS looks at who the custodial parent is and who is not.  The custodial parent is who the child lives with for more time during the tax year.

 

When a custodial parent allows a non-custodial parent to claim a child, you are only releasing the ability to claim the child for Child Tax Credit under the special rule for divorced and separated parents.

 

The custodial parent retains tax benefits related to Head of Household filing status, Earned Income Credit, and the Child and Dependent Care Credit.  To be eligible for these credits, the child must have lived with you for more than half the year, so the non-custodial parent is not eligible for those credits.

 

This article will give you more information: Divorced and Separated Parents