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leonpaul1999
New Member

My ex and myself are seperate and this is my first time claiming my son on taxes. I dont understand hot to estimate the time I've had with him in visitation. I had him 2 days every weekend throughout

But he has not stayed overnight at my house though.
2 Replies
xmasbaby0
Level 15

My ex and myself are seperate and this is my first time claiming my son on taxes. I dont understand hot to estimate the time I've had with him in visitation. I had him 2 days every weekend throughout

If the child has not stayed overnight with you in 2020 then you are not the custodial parent.   The custodial parent is the parent with whom the child has spent at least 183 nights.  

 

 

Did your ex sign a Form 8332?   Why are you claiming the child?

 

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.  The non-custodial parent     (you)  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.**
leonpaul1999
New Member

My ex and myself are seperate and this is my first time claiming my son on taxes. I dont understand hot to estimate the time I've had with him in visitation. I had him 2 days every weekend throughout

I dont believe there is a signed 8332. But we have an official court document stating that I can claim my son on alternating years.

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