How exactly can I split the Child Tax Credit with my coparent after 50/50 custody agreement?
So I'm in a bit of a confusing situation with my ex regarding our taxes. We have two boys with a 50/50 custody arrangement in Texas. According to our divorce decree, there's technically no designated "custodial parent" in our state, but I'm listed as primary for their school stuff and medical records. We've been figuring out our taxes for 2024 (filing in 2025) and got into a heated discussion about who gets to claim the Child Tax Credit. I was under the impression we could alternate years for claiming the boys (I take one year, she takes the next), but she's insisting that we each claim one child every year. The problem is our oldest has some medical expenses that make his tax credit potentially higher. Our divorce was finalized in 2022, and last year we kinda winged it without really understanding all the rules. I've looked online but keep finding conflicting info about whether we can literally split the Child Tax Credit or if only one parent can claim it fully. Anyone dealt with this 50/50 custody situation in Texas specifically? Are there forms we need to fill out to make this official with the IRS? Help!
18 comments


Diego Mendoza
I'm familiar with this situation as I work with many divorced parents during tax season. With 50/50 custody in Texas, you have some flexibility, but there are definite IRS rules that govern this. First, for tax purposes, even with 50/50 physical custody, the IRS still needs ONE parent to be designated as the "custodial parent" each tax year. However, you can absolutely work out an arrangement between you. The most common scenarios are: 1) alternating years where each parent claims both children every other year, or 2) splitting where each parent claims one child consistently or alternating which child each of you claim. For your specific situation, Form 8332 (Release of Claim to Exemption for Child by Custodial Parent) is key if you're releasing your right to claim a child in any given year. This form needs to be signed by whoever is considered the "custodial parent" for IRS purposes and attached to the other parent's return. The medical expenses angle is important too - if one child has significant medical costs, it might make financial sense for the parent who can benefit most from those deductions to claim that child more frequently.
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Anastasia Popova
•Quick question - what actually determines who's the "custodial parent" for IRS purposes if the court order says 50/50 and doesn't specify? Is it just whoever has the kid on December 31st? And does the parent claiming the kid HAVE to be the one who can claim the medical expenses or can those be split differently?
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Diego Mendoza
•For IRS purposes, if physical custody is truly 50/50, the "custodial parent" is technically determined by who has the higher Adjusted Gross Income (AGI). However, many parents still successfully work out their own arrangements as long as each child is only claimed on one tax return. The medical expense deduction follows whoever claims the child as a dependent. So if you claim a child, you get to deduct qualifying medical expenses you paid for that child. This is why it sometimes makes sense to strategically plan which parent claims which child based on income levels, deductions, and other tax situations.
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Sean Flanagan
After my divorce was finalized, I was pulling my hair out trying to figure out the tax stuff for my 3 kids with 50/50 custody. I finally discovered this service called taxr.ai (https://taxr.ai) that saved me so much confusion. It basically analyzed our divorce decree and other documents, then gave me a clear breakdown of my tax options based on our specific situation. It showed me exactly how the Child Tax Credit could be handled with my ex and what documentation we needed. In our case, we ended up with my ex claiming our oldest and me claiming the younger two since I have the higher income and could benefit more from certain credits. The service even helped draft the right forms for us to sign so the IRS wouldn't flag anything.
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Zara Shah
•Did it actually look at your specific divorce decree? I've tried other tax services but they just give generic advice that doesn't apply to our unique situation. My ex and I can barely communicate about this stuff without arguing.
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NebulaNomad
•Does this work if we never actually formalized anything in writing about who claims which kid? Our divorce decree doesn't say anything specific about taxes, just that we have joint custody 50/50.
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Sean Flanagan
•Yes, it actually analyzed my specific divorce decree and court documents. The system extracted the relevant language about our custody arrangement and compared it to IRS rules. It was way more personalized than just generic advice. For situations where nothing is formalized in writing, it was still helpful because it showed me what options are legally available in 50/50 situations and created documentation templates we could use to formalize our agreement for tax purposes. You don't necessarily need it spelled out in your divorce decree - you can create a separate tax agreement with your ex, and the service helps with exactly that.
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NebulaNomad
I tried taxr.ai after seeing the recommendation here, and wow - I wish I'd found this sooner. My ex and I have been fighting over our daughter's tax benefits for 3 years. The service actually showed us that the way we'd been handling things was causing us both to leave money on the table! It showed us how to properly document our agreement using Form 8332, and explained how we could structure things to maximize the total benefits between us (since my ex is in a different tax bracket than me). The document analysis feature caught specific language in our custody papers that actually gave us more flexibility than we thought. We're finally on the same page for this year's taxes.
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Luca Ferrari
I had the same custody arrangement struggle with my ex, and after 4 hours on hold trying to call the IRS for clarification, I was ready to scream. A friend told me about Claimyr (https://claimyr.com) and I was skeptical but desperate. They got me connected to an actual IRS agent in about 20 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent walked me through exactly how the IRS handles 50/50 custody situations and confirmed we could either alternate years or split the children between us for the Child Tax Credit. She also explained that we needed to be consistent with our agreement and document it properly to avoid audits. Just having that direct confirmation from the IRS instead of conflicting advice from random websites gave me the confidence to approach my ex with a proper plan. Saved me so much stress!
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Nia Wilson
•How does this actually work? I don't understand how a third-party service can get you through to the IRS faster than just calling them directly. Seems like a scam to me.
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Mateo Martinez
•Yeah right. I've been trying to reach the IRS for WEEKS about my custody situation. There's no way some service can magically get you through. Did they actually solve your specific problem or just give general info you could find online?
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Luca Ferrari
•It works by essentially holding your place in line with the IRS. They use a system that continually redials and navigates the phone tree until they get through to an agent, then they call you to connect you directly with that agent. I don't fully understand the technical details, but it worked for me. They don't solve your tax problem - they just connect you to a real IRS agent who can answer your specific questions. The agent I spoke with gave me information about my exact situation with 50/50 custody that was much clearer than what I found online, including specific guidance on how Form 8332 should be used in my case.
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Mateo Martinez
I have to eat my words from earlier. After weeks of frustration, I decided to try Claimyr out of desperation, and I'm shocked to say it actually worked. Got connected to an IRS rep in about 25 minutes after spending DAYS trying on my own. The agent clarified that in my 50/50 custody situation, my ex and I could legally agree to any arrangement we wanted as long as we documented it properly and each child was only claimed on one return. She explained that in the absence of an agreement, it would default to the higher-income parent. She also mentioned that the IRS doesn't particularly care which parent claims which child or if you alternate years - they just don't want BOTH parents claiming the same child. The documentation is what matters. This was way more straightforward than the confusing mess of information I'd been reading online.
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Aisha Hussain
Something nobody's mentioned yet - make sure you and your ex are clear about other tax benefits beyond just the Child Tax Credit! When my ex and I were splitting this up, we didn't realize that whoever claims the child also gets: - Head of Household filing status (better tax rates) - Child and Dependent Care Credit (if you pay for daycare) - Education credits if they're in college or private school We ended up having to redo our agreement because our youngest has daycare expenses that made it WAY better for me to claim him even though my ex claimed our older child.
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Ethan Clark
•Wait, does claiming the kid automatically make you Head of Household? I thought you had to have the child living with you for more than half the year for that? How does that work with 50/50 custody?
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Aisha Hussain
•You're absolutely right to question that - I oversimplified. For Head of Household status, you need to have the child in your home for more than half the year AND provide more than half of the household's financial support. In true 50/50 situations, only one parent will qualify, and it's not automatically tied to who claims the Child Tax Credit. This is actually why it's so important to understand all the different tax benefits - they don't all follow the same rules. For example, the parent who has the child more nights during the year (even by just one night) might qualify for Head of Household, while the other parent might still be able to claim the Child Tax Credit with a signed Form 8332.
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StarStrider
Has anyone actually done the alternating years approach? My ex and I just finalized our divorce and we have twins. We're thinking I'll take both kids in odd years, he takes both in even years. We both make roughly the same income so it seems simplest. Do we need to fill out those 8332 forms every single year or can we do one that covers multiple years?
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Yuki Sato
•My ex and I do exactly this with our kids. You can actually fill out Form 8332 to cover multiple future years. We did one form for a 10-year period specifying which years each of us would claim the kids. Just be super clear about which tax years you're releasing the claims for. Also make a copy for yourself - my ex lost his copy one year and it was a whole thing.
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