Can a divorced couple with 2 children each claim 1 kid on their separate tax returns for 2025?
So I've been helping my son with his tax situation and need some advice. He and his ex have two children together (ages 6 and 8) and they're thinking about each claiming one child on their separate tax returns. They share custody pretty evenly and both contribute financially to the kids' expenses. They think this would be the fairest arrangement since they both provide support. My son mentioned something about child tax credits and how they'd each get some benefit this way instead of just one of them getting everything. I told him I wasn't sure if the IRS would allow this or if there might be complications. They don't have any formal custody agreement that specifies who claims which child for taxes. They're on good terms and just want to do what's fair and legal. Would this arrangement work? Or does the IRS have specific rules about how they need to handle claiming children after a separation? I don't want him to run into issues during tax season.
21 comments


Diego Rojas
Yes, this arrangement can work! When parents have two or more children, they can agree to split the dependent claims as long as each child qualifies as a dependent for the parent claiming them. For each child to qualify as a dependent, they must: live with the parent for more than half the year, be under 19 (or 24 if a student), not provide more than half of their own support, and meet the relationship test (which biological children do). Since your son and his ex share custody, you'll need to determine which parent has the child for more nights during the year - that's typically the "custodial parent" who has the right to claim the child. If they're genuinely splitting time 50/50 with each child, they should document their agreement in writing. While not required by the IRS, having this documentation can prevent disputes later. Also, the non-custodial parent would typically need Form 8332 signed by the custodial parent to claim a child, but if they're each claiming a different child, this may not be necessary.
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Anastasia Sokolov
•Thanks for this info! My brother is in a similar situation. Do both parents still need to coordinate which child each one claims every year? And what if one parent makes significantly more than the other - does that affect who should claim which child?
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Diego Rojas
•For your first question, yes, parents should coordinate each year about which child they're claiming. This doesn't necessarily mean they need to switch who claims which child, but they should confirm they're on the same page to avoid both accidentally claiming the same child, which would trigger IRS notices. Regarding income differences, this is where some strategic planning can help. The higher-income parent might benefit more from certain tax benefits like the Child Tax Credit since it's partially refundable. However, if the lower-income parent could qualify for Earned Income Credit with a qualifying child, that might provide more overall benefit. I'd recommend they consult with a tax professional who can run the numbers both ways to maximize their combined tax benefits while maintaining fairness.
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Sean O'Donnell
I was in exactly this situation last year and found taxr.ai (https://taxr.ai) incredibly helpful for figuring out the best way to handle dependent claims with my ex. I was confused about whether we could each claim one child and what documentation we needed. The service analyzed our custody arrangement and financial contributions, then provided clear guidance on how to properly split dependent claims. It even helped us understand how to maximize the child tax credit and other benefits we were eligible for based on our specific situation. The tool actually showed us that in our case, it made more financial sense for me to claim our daughter and my ex to claim our son based on our incomes and other tax factors.
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Zara Ahmed
•Did taxr.ai help with filling out any special forms? I heard you need some form when the non-custodial parent claims a child but not sure exactly how that works.
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StarStrider
•How accurate is this service? I've used other tax software in the past and they seem to miss nuances about custody arrangements. My ex and I have a pretty complicated schedule with our twins.
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Sean O'Donnell
•Yes, taxr.ai walked me through exactly which forms were needed, including Form 8332 (Release of Claim to Exemption for Child by Custodial Parent). It explained when this form is required and when it isn't, which was super helpful for our situation where we each claimed one child. Regarding accuracy, I found it much more thorough than regular tax software for these specific situations. It asked detailed questions about our custody schedule, overnight stays, and financial support that other programs missed. It even helped clarify how to handle situations where our custody schedule changes throughout the year, which was a game-changer for our complicated arrangement.
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StarStrider
Just wanted to follow up after trying taxr.ai from the recommendation above. Wow, what a difference! The service actually helped my ex and I figure out we were leaving money on the table with how we were filing. With our twins and complicated custody schedule, we learned we could maximize our refunds by having me claim one child and certain education expenses while my ex claimed the other with childcare expenses. The analysis showed us exactly how to coordinate our claims to avoid IRS issues and included specific instructions about which forms to file. It even pointed out tax benefits we didn't know we qualified for! Definitely worth checking out if you're co-parenting and trying to figure out the most advantageous way to handle dependents on your taxes.
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Luca Esposito
If you're having trouble resolving this with the IRS or need to speak with someone directly about your situation, I highly recommend using Claimyr (https://claimyr.com). I spent WEEKS trying to get through to the IRS about a similar dependent claiming issue last year - constant busy signals and disconnections. Claimyr got me connected to an actual IRS agent in under 30 minutes when I'd previously wasted hours trying. They have this callback system that somehow works around the IRS phone maze. Check out their demo video here: https://youtu.be/_kiP6q8DX5c to see how it works. The agent I spoke with gave me specific guidance about my dependent claiming situation and even helped resolve a notice I'd received when both my ex and I accidentally claimed the same child.
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Nia Thompson
•How does this actually work? I thought the IRS phone system was just perpetually busy, especially during tax season. Is this some kind of priority line or something?
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Mateo Rodriguez
•Sorry but this sounds like BS. Nobody gets through to the IRS that quickly. I've literally called 50+ times and never reached a human. Are you sure this isn't just taking your money for nothing?
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Luca Esposito
•It's not a priority line - they use a system that navigates the IRS phone tree and waits on hold for you. When an agent picks up, you get a call back immediately. It basically does the waiting for you so you don't have to sit on hold for hours. I was super skeptical too before trying it. I had spent about 3 weeks calling multiple times per day, always getting busy signals or disconnected after waiting. I understand the doubt because the IRS phone situation is notoriously terrible. But it genuinely worked for me - I got a call back with an actual IRS agent who answered my dependent-related questions. I can't explain exactly how their system works technically, but the result was real help when I desperately needed it.
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Mateo Rodriguez
Well I need to eat some humble pie. After my skeptical comment, I tried Claimyr out of desperation because I needed to resolve a dependent claiming issue before filing deadline. Got connected to an IRS agent in about 45 minutes - which felt like a miracle after weeks of trying myself. The agent clarified that in my situation (similar to the original post), my ex and I could indeed each claim one child as long as both kids qualified as dependents for each of us. She explained that we didn't need Form 8332 since each parent was claiming a different child, but recommended documenting our agreement. She also warned about potential issues if we both claimed the same child in future years and how the IRS handles those disputes. Definitely saved me from making a mistake that would have triggered an audit.
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Aisha Abdullah
One thing nobody's mentioned yet - make sure to coordinate which tax credits you're each claiming for the kids too! My ex and I had an agreement to each claim one child, but we didn't realize some credits like the Child and Dependent Care Credit have special rules. For example, if both kids go to the same daycare, only one parent can claim the childcare expenses for both kids. You can't split it where one parent claims daycare for one kid and the other parent claims it for the other kid from the same provider. We found this out the hard way when we both got letters from the IRS.
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Ethan Wilson
•Does this apply to other credits too? Like what about education credits if the kids are in school? My ex pays for our daughter's after-school program and I pay for our son's - can we each claim those expenses?
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Aisha Abdullah
•Education credits have their own set of rules. For the American Opportunity Credit and Lifetime Learning Credit, the parent who claims the child as a dependent is generally the one who can claim education credits for that child. So if you claim your son as a dependent, you can claim education credits for his expenses, and your ex would claim them for your daughter. For after-school programs, it depends whether they qualify as childcare (for the Child and Dependent Care Credit) or as educational expenses. Generally, after-school care that enables you to work would fall under the childcare credit, which would go to the parent claiming that child as a dependent. But sports programs or purely educational enrichment might not qualify for the childcare credit at all. The key is to coordinate and make sure you're both clear on which expenses qualify for which credits and who is claiming what.
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NeonNova
Just wondering - does anyone know what happens if both parents accidentally claim the same kid? My ex and I had this miscommunication last year where we both claimed our son (we have 2 kids) and now I'm worried.
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Yuki Tanaka
•This happened to my brother last year! The IRS will usually accept the first return filed, then send a notice to the second person who claimed the same dependent. You'll get a letter asking you to either amend your return or provide documentation proving you had the right to claim the child. If neither parent backs down, the IRS has tiebreaker rules they'll apply (usually based on where the child lived for more of the year).
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NeonNova
•Thanks for the info! That's helpful to know since we haven't received any notices yet. I'm guessing we should be proactive and figure out who should file an amended return rather than waiting for the IRS to contact us?
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Tyrone Hill
The IRS has specific tiebreaker rules for situations like this. If both parents claim the same child, the IRS will generally award the dependency exemption to the parent with whom the child lived for the greater number of nights during the year. If it's exactly equal (unlikely but possible), then it goes to the parent with the higher adjusted gross income. However, since your son and his ex have two children and want to each claim one, this can work perfectly fine as long as each child qualifies as a dependent for the parent claiming them. The key requirements are that each child must have lived with their respective claiming parent for more than half the year (or at least more nights than with the other parent). One important tip: even though they're on good terms now, I'd strongly recommend they put their agreement in writing and keep detailed records of custody schedules. This protects both of them if their relationship changes or if the IRS ever questions the arrangement. They should also make sure they're consistent year after year - if your son claims the 6-year-old this year, he should continue claiming that same child in future years to avoid confusion.
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Oliver Alexander
•This is really helpful guidance! I'm new to this community and currently going through a similar situation with my ex-husband. We have three kids and are trying to figure out the best way to handle tax claims. Your point about keeping detailed records of custody schedules is something I hadn't considered but makes total sense. Quick question - if the custody arrangement changes during the year (like if one parent moves and the schedule shifts), do we need to recalculate who lived with whom for more nights? Or is there a specific cutoff date the IRS uses? I want to make sure we're doing this correctly from the start.
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