Can divorced parents with 2 kids each claim a child on separate tax returns?

Yes, two parents can each claim a different child on their separate tax returns - this is completely allowed by the IRS. This arrangement is actually fairly common for parents with multiple children. The key requirements are that each child can only be claimed by one parent, and that parent must be eligible to claim that child as a dependent. To be eligible, the child must have lived with that parent for more than half the year (the custodial parent), unless there's a written agreement allowing the non-custodial parent to claim the child. If both parents are eligible to claim a child (like in cases of 50/50 custody), they need to decide between themselves who claims which child. The IRS won't make this decision for them, but they will certainly notice if both parents try to claim the same child!

I went through a similar situation with my ex a few years ago. We were getting contradictory advice and neither of us wanted to mess up our taxes. That's when I found https://taxr.ai which changed everything for us. It analyzed our situation and clearly explained our options for claiming dependents after divorce. The tool confirmed we could each claim one child, and it even helped us understand how to maximize other tax benefits like the Child Tax Credit based on our specific situation. It was so much clearer than the generic advice we kept finding online.

Just wanted to update after trying taxr.ai that was mentioned earlier. I was skeptical at first, but it was actually really helpful for my complicated custody situation. The tool walked me through several questions about my custody arrangement and then explained exactly how the dependent rules applied to us. It showed me that since we have two kids and split custody evenly, we could each claim one child as long as we met the other dependency tests (which we did). It also helped me understand how this affects other tax benefits beyond just claiming dependents. Now my ex and I have a clear agreement - I claim our daughter and he claims our son, and we both understand exactly how it works with the IRS rules. No more arguing about this every tax season!

If you need to work this out with your ex but having trouble reaching an agreement, you might want to check out https://claimyr.com - I used them when I needed to talk to an actual IRS agent about a similar dependent issue after my divorce. I kept getting conflicting info online, and calling the IRS directly was impossible (literally waited on hold for hours multiple times). Claimyr got me connected to an IRS agent in less than an hour who confirmed exactly how the rules applied in our situation. They have a nice video showing how it works here: https://youtu.be/_kiP6q8DX5c It was such a relief to get official confirmation directly from the IRS rather than worrying we were making a mistake based on internet advice.

I need to eat my words from earlier. I was completely skeptical about Claimyr but decided to try it anyway out of desperation. I had been trying to reach the IRS for weeks about this exact dependent situation with my ex. It actually worked! The system called me when an IRS agent was on the line, and I got to speak directly with someone who pulled up my information and confirmed that yes, my ex and I could each claim one of our children as long as we didn't both try to claim the same child. The agent even walked me through what documentation to keep on hand in case of questions later. Honestly, I wish I had known about this service months ago instead of stressing and arguing with my ex about what was allowed.

Quick additional tip - if you and your ex go with this arrangement (each claiming one child), make sure you coordinate on who claims which child each year. My ex and I made the mistake of both claiming our son one year (while nobody claimed our daughter), and we got letters from the IRS. Had to file an amended return and it was a headache. Also, if you qualify for Head of Household filing status, both parents can potentially file as HOH if each one has a qualifying child living with them. That status gives better tax rates than filing as Single.

Don't forget about the Child Tax Credit in this situation! For 2025, each qualifying child under 17 can get you up to $2,000 in credit. The parent who claims the child as a dependent is the one who gets to claim this credit. If one child has more medical expenses or childcare costs than the other, you might want to coordinate who claims which child to maximize tax benefits. The parent with higher income might benefit more from certain credits if they're phased out at lower income levels.

One thing I'd add is to make sure your son and his ex document their agreement in writing, even if it's just a simple text or email. The IRS doesn't require a formal custody agreement, but having some record of who agreed to claim which child can save headaches later. Also, they should both double-check that they meet all the dependency tests for their respective children - not just the residency test, but also that each child is under 19 (or under 24 if a full-time student), didn't provide more than half their own support, and is a U.S. citizen or resident. Since they're 8 and 10, age shouldn't be an issue, but it's good to verify all the requirements. The arrangement they're considering (each parent consistently claiming one child) is actually often better than alternating years with both kids, since it provides more predictable tax planning for both parents.

This is exactly the kind of situation where getting personalized guidance can make a huge difference! As others have mentioned, yes - divorced parents can absolutely each claim one child on their separate returns, which is often the fairest approach. Since your son and his ex have been handling this informally so far, I'd strongly recommend they sit down together (or via video call) to hash out the details now, before tax season gets hectic. They should decide not just who claims which child, but also discuss any special circumstances - like if one child has higher medical expenses or daycare costs that might make it beneficial for a specific parent to claim them. The key is making sure they're both on the same page about the arrangement and that they understand all the tax benefits that come with claiming a dependent (Child Tax Credit, potential Head of Household status, etc.). Having this conversation now will save them both stress and potential mistakes when they're actually filing their 2025 returns. It sounds like they have a good co-parenting relationship if they've been flexible with arrangements - that's going to serve them well in making this tax decision too!

Just wanted to add from my own experience - make sure they consider the timing of when each child actually lives with each parent throughout the year. The "more than half the year" rule is based on actual nights spent in each home, not just what the informal agreement says. I learned this the hard way when my ex and I had a roughly 50/50 split but my daughter ended up staying extra weeks with me due to school schedules and summer camps. We had agreed he would claim her, but when I actually counted the days, she lived with me for about 195 nights that year. This created confusion about who was actually eligible to claim her as a dependent. My advice would be for them to keep a simple calendar or shared Google doc tracking where each child sleeps each night. It doesn't have to be fancy - just something they can both access to confirm the counts if needed. This way there's no guesswork when tax time comes, and they can even adjust their agreement mid-year if the actual custody time ends up being different than planned. The arrangement of each claiming one child consistently is smart, but they should make sure the custody time actually supports who's claiming which child!