My return was rejected due to my ex husband already filing the child tax credit and I need to remove it from my turbo tax so I can complete filing

[spindrift-1973]

I keep trying to delete it and select I do not want the additional child tax credit but it keeps saying that I qualify for it and it includes the credit.

[xmasbaby0]

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.  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.

If your return is being rejected because the child's SSN has already been used on a return on which all of the child-related credits were claimed, then the only way you can file is by mail.   Print, sign, and mail your own return.

[Opus 17]

You should file a correct return.  If you are the parent with custody more than half the nights of the year, and you did not give away the child tax credit, then print your return as-is and file by mail.  The IRS will pay your refund and investigate the duplicate claim later.

If you did allow your ex to claim your child, you need to re-run the dependent interview to say "yes, the child lived with me more than half the year" and "yes, I gave the other parent a form 8332 to release the dependent credit."  However, even then, you might be blocked from e-filing if your ex answered these questions wrong on their tax return, and you will still need to print, sign and mail your return. 

[Hal_Al]

 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the dependency to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

Ref: https://www.irs.gov/publications/p17#en_US_2017_publink1000170897

Scroll down to "Children of divorced or separated parents (or parents who live apart)"

You can if you are the custodial parent.  The custodial  parent is the parent the child lived with for more than 183 nights in 2024 (more than 182 nights  in 2023).

In the dependent interview, in the personal info section of TurboTax (TT), you will be asked if the other parent is claiming him (the wording will vary depending on your prior answers). This will eliminate you claiming the child tax credit and additional child tax credit.