50/50 custody higher AGI not claiming dependent

[bduvall84]

We are filing for married separate because we have been separated all year. We have 50/50 custody. However, It is her year to claim our son. I have a higher AGI. Can I claim head of household and be the custodial parent then sign form 8332 to give my dependent claim to her as the custodial parent?

[xmasbaby0]

No.   You cannot both be "custodial parents."   The IRS cares about who the child lived with the most.  The custodial parent is the one with whom the child spent the most nights--at least 183 nights.

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.

[bduvall84]

I did not state I wanted both parents to be custodial parents. Our divorce we alternate on what year we can claim our son as a dependent. My question is Can I file as head of household based on him living with me more and my high AGI to be a custodial parent to get the tax break but then fill out form 8332 to allow her to claim him as a dependent and get all dependent tax credits as a non custodial parent for the tax year?

[xmasbaby0]

@bduvall84 

You wrote:

"Can I claim head of household and be the custodial parent then sign form 8332 to give my dependent claim to her as the custodial parent?"

[xmasbaby0]

@bduvall84 

You wrote:

"Can I claim head of household and be the custodial parent then sign form 8332 to give my dependent claim to her as the custodial parent?"

[bduvall84]

that was typo  I mean noncustodial parent for her

[xmasbaby0]

@bduvall84 Please refer to the reply given to you already that explains the rules.   If the child spent more nights with you, that makes you the custodial parent.  You get to file HOH and may get earned income credit and childcare credit.  The noncustodial parent gets the child tax credit.