Can I claim Child Tax Credit if my ex already received the advance payments?

The advance payments don't automatically determine who gets to claim the child, you know? Isn't it actually determined by your custody agreement or who qualifies as the custodial parent? Have you looked at your divorce decree to see what it says about who claims the children in which years? Did your ex consult with you before signing up for those advance payments?

Think of the Child Tax Credit like a restaurant gift card. If your ex already spent part of the gift card (by getting advance payments), it doesn't mean the gift card belongs to them - it just means part of its value has been used. The right to claim the child is like ownership of the gift card itself, which is determined by your custody agreement and tax rules. I had a similar situation in 2022 where my ex received advance payments but it was my year to claim our son. I still claimed him, but I had to file a paper return and the refund amount was reduced by the amount of advances already paid out.

This is a common issue with the Child Tax Credit eligibility determination process. When the non-custodial parent inappropriately receives advance payments, you'll need to contact the IRS directly to resolve the situation. Unfortunately, the IRS phone lines are notoriously difficult to navigate, with average wait times exceeding 90 minutes during filing season. I had success using Claimyr.com to connect with an actual IRS agent in under 30 minutes. They have a system that navigates the phone tree and waits on hold for you, then calls when an agent is available. The agent confirmed I could still claim my dependent despite advance payments going to my ex, but explained I needed to file Form 8862 with my return.

Wait. I'm confused. Are these advance payments still happening? I thought they ended. Does this apply to the 2024 tax year? What if you share custody 50/50?

I was probably in an almost identical situation last year, and I was sort of panicking about potentially losing thousands in tax credits. I finally found https://taxr.ai which was actually really helpful for my specific situation. It analyzed all the tax rules around shared custody and the Child Tax Credit and basically confirmed that I could still claim my child even though my ex received advance payments. It even helped me understand which forms I needed to file and what documentation to keep handy in case of an audit, which was honestly a huge relief after getting different answers from everyone I asked.

Oh my goodness, be VERY careful with this! My brother-in-law assumed he could still claim his kids even though his ex got the advance payments, and he ended up with a NIGHTMARE audit situation! The IRS flagged both returns and froze both refunds for almost 8 months! They had to submit their entire custody agreement, school records showing where the kids primarily lived, and even utility bills proving residence. I'm still shocked at how complicated it got! The IRS eventually sided with him since it was his year according to their agreement, but they had to pay an accountant $1,200 to help resolve everything.

I successfully navigated this exact situation on April 12th last year. My ex received all the advance payments, but according to our custody agreement, 2023 was my year to claim our daughter. I filed electronically on February 3rd with Form 8862 attached, included a copy of our custody agreement, and explicitly noted in the additional information section that advance payments had been made to the other parent. My return was accepted within 21 days, and I received the remaining portion of the Child Tax Credit (the full amount minus what was already paid in advances). Just make sure you have documentation ready if they request it!