If my x wife and I have both coustady of our son b...
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barrybarnett2018 Barry
New Member

If my x wife and I have both coustady of our son but he stays with her but he comes to my house all the time and I spend money on him and help her out with bills and school clothes and Christmas and b

 
2 Replies
Bsch4477
Level 15

If my x wife and I have both coustady of our son but he stays with her but he comes to my house all the time and I spend money on him and help her out with bills and school clothes and Christmas and b

If your question is who can claim your son, the answer is the parent with whom he spent the most nights during the year.  How much you spent on him is irrelevant. 

xmasbaby0
Level 15

If my x wife and I have both coustady of our son but he stays with her but he comes to my house all the time and I spend money on him and help her out with bills and school clothes and Christmas and b

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

 

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit + education credits if the child is a full-time college student.  The non-custodial parent gets the child tax credit for children under the age of 17.

 

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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