Question about Claiming Child while divorced

[anniebananny04]

I am divorced for the past several years.  In the divorce agreement, I agreed to allow my husband to claim our daughter on income taxes which he has done in the past. For 2024, we agreed to now alternate each year claiming her as a deduction so this will be the first time I will get to claim her. We don't have a formal custody agreement, however, she spends 4 nights and my house and 3 nights at his each week. Do one of us have to complete the FORM 8332 to do this? And if so which one of has to attach to their 2024 filing?  I am just trying to figure out the proper way to do this. I would appreciate any help.

[rjs]

Since your daughter spends more nights at your house, you are the custodial parent. That means you can claim her as a dependent. You do not need a Form 8332. Your ex-husband must omit your daughter from his tax return completely. He should not enter any information about her.

[BrittanyS]

You would be considered the custodial parent since the child lives with you for over half the year.  Per the IRS, "The custodial parent is the parent with whom the child lived for the longer period of time during the year."  Form 8332, is used by the custodial parent to give rights to the other parent to claim the child.  Since you are considered the custodial parent you would not need to file form 8332.

The requirements to claim a child as a dependent are:

• be under the age 19, or under the age 24 if a full time student, or any age if permanently and totally disabled.
• lives with you for more than half the year
• child does not provide more than half their own support

Here are a few helpful links on claiming a child on your tax return:

• When to use form 8332
• What is a Dependent?
• Custodial Parent

[Opus 17]

Based on your facts, you are the only parent automatically allowed to claim the child as a dependent.  You do not need a form 8332.

In any year where you will allow your ex to claim the child, you give your ex a signed form 8332.  On your tax return you indicate that the child lived with you, that you do have a custody agreement, and you did give the other parent a form 8332.  Turbotax will not claim the child tax credit for you, but will allow you to claim head of household status, EIC, and the dependent care credit (if you meet the other qualifications) because those tax benefits always stay with the parent who had custody more than half the nights of the year and can't be waived, shared or transferred to the other parent.