Recently Divorced

[keromero06]

We have shared custody of our children.  When filing taxes who is eligible for claiming the children?

[xmasbaby0]

Which one of you is the custodial parent?    The IRS considers the custodial parent to be the one with whom the child(ren) spent the most nights--at least 183 nights during the tax year.

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.

[Chslade]

Only one parent can claim the dependent. One parent will be the custodial parent and the other will be the non-custodial parent. The custodial parent is the parent who spends the most number of nights with the child during the year. The other parent is the non-custodial parent. 

There are tie-breaker rules if the child spends equally the same amount of nights with both parents.

It's possible for the non-custodial parent to claim some credits that come with having a dependent. The child won't be a dependent on both returns, however the dependent must be a qualifying child for both parents.  The custodial parent will need to provide consent to the non-custodial parent with the Form 8332. This form will allow both parents to share some credits if eligible. 

https://www.irs.gov/zh-hant/newsroom/claiming-a-child-as-a-dependent-when-parents-are-divorced-separ...

[xmasbaby0]

TIE BREAKER RULES

https://itap1.for.irs.gov/owda/0/resource/Commentary_Files_Redirect_ITA/en-US/help/tbrk09.html

[quorumof1]

Hi There:

With a bit of luck your divorce decree with specify who gets the tax breaks. If not, see above (all good advice).