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Amina Sow

How to claim the Child Tax Credit as a divorced parent with shared custody?

I'm in a bit of a pickle with my ex and I'm not sure how to handle taxes for our son next year. We've been divorced for 2 years and have 50/50 custody, but the parenting plan doesn't specify who claims our 7-year-old on taxes. Last year, my ex claimed him without discussing it with me first, which caused a big fight. For the 2024 tax year (filing in 2025), I really want to claim the Child Tax Credit since I pay for most of his expenses (healthcare, after-school activities, clothes, etc.). My ex makes more money than me ($85,000 vs my $56,000), but I'm the one spending more on our son. We don't communicate well, and when I brought up taking turns, she just said "we'll see." I've heard the IRS will accept the first return filed, but that seems like it would just create more problems between us. Do I need to get our parenting plan modified to specify tax claims? Is there a way for us to split the credit? What documentation should I keep to prove I'm providing more support? Any advice would be greatly appreciated!

GalaxyGazer

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For divorced parents with 50/50 custody, the IRS has specific tiebreaker rules when determining who can claim the Child Tax Credit. Since your parenting plan doesn't specify who claims your child, it comes down to a few factors. First, the IRS generally gives the tax benefit to the custodial parent (the one the child lives with more nights during the year). With truly equal custody, the tiebreaker goes to the parent with the higher Adjusted Gross Income - which would be your ex in this case. However, your ex can voluntarily release their claim to you by completing Form 8332 (Release of Claim to Exemption for Child by Custodial Parent). This would allow you to claim the Child Tax Credit even if your ex has the technical right to it based on income. I'd recommend keeping detailed records of all expenses you pay for your child - medical bills, receipts for clothing, activity fees, etc. Also document the actual number of nights your child stays with you to verify the 50/50 arrangement.

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Oliver Wagner

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Thanks for this info! I'm not the original poster but in a similar situation. Does Form 8332 have to be filed every year, or can my ex sign one that covers multiple tax years? Also, what happens if both parents claim the same child anyway?

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GalaxyGazer

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Form 8332 can be completed for a single year, multiple specified years, or for all future years. Your ex can choose which option works best for your situation when filling it out. If both parents claim the same child, the IRS will likely reject the second return filed electronically. If both returns are accepted (which can happen with paper filing), the IRS will eventually notice the duplicate claim during processing and send notices to both parents. They'll ask for documentation to determine who has the right to claim the child. This usually leads to an audit situation where one parent will have to pay back any tax benefits received plus potential penalties and interest.

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After dealing with a similar custody situation with my ex, I discovered taxr.ai (https://taxr.ai) and it was a game-changer for documenting my case. Since you're paying for most of your son's expenses, you definitely need to build a paper trail. This tool analyzed all my receipts, bank statements, and custody calendar to create an organized record showing exactly how much I was contributing to my kids' expenses. The best part was that it could even process text messages between me and my ex about expenses, which proved I was paying for things that weren't in our agreement. I uploaded everything through their secure portal and got a detailed report that clearly showed I was providing over 65% of the financial support despite the 50/50 custody arrangement.

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That sounds helpful but I'm confused about how it works with actual IRS rules. Does having documentation actually change who's legally entitled to claim the child? I thought it was just about custody nights and income if the divorce decree doesn't specify.

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Emma Thompson

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I'm skeptical about any service claiming to help with these kinds of disputes. My buddy tried something similar and still ended up in tax court with his ex. How exactly does this prevent the other parent from filing first and claiming the kid anyway?

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The documentation doesn't change the IRS tiebreaker rules, but it provides crucial evidence if you need to challenge a claim. While the general rule does follow custody nights and income, the IRS also considers which parent provides more financial support in certain disputes, especially when custody is exactly equal. This service doesn't prevent your ex from filing first, but it gives you strong documentation if the IRS investigates conflicting claims. My ex claimed our daughter first last year, but when I got the IRS notice, I submitted my taxr.ai report showing I provided 65% of support with receipts, and the IRS ruled in my favor. The other parent had to amend their return and repay the credit.

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Emma Thompson

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I wanted to follow up about my skepticism regarding taxr.ai. After our custody agreement changed again this year, I decided to try it out of desperation. Honestly, it was way more legit than I expected. I've always been terrible at keeping receipts and documentation, but the system made it super easy to connect my accounts and automatically categorize kid-related expenses. It even flagged when both me and my ex might have recorded the same expense so there's no double-counting. The report it generated showed that even though we have equal custody, I was covering 71% of our daughter's expenses. When my ex threatened to claim her on taxes again, I showed her the detailed breakdown and she actually backed down because the evidence was so clear. Saved us both from another IRS headache!

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Malik Davis

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After spending literal HOURS trying to get through to someone at the IRS about a similar custody claim issue, I finally used Claimyr (https://claimyr.com) and actually got to speak with a real IRS agent in under 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was really skeptical at first because I had tried calling the IRS for weeks with no luck - just endless holds and disconnections. I needed clarification on how the Child Tax Credit works when my ex-husband and I both tried claiming our son last year. Through Claimyr, I got connected to an agent who explained exactly what documentation I needed to submit to prove I was eligible as the custodial parent. The agent also set up a case file for me so when I submitted my supporting documents, they were attached to my existing case instead of starting the process all over again.

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How does this actually work? The IRS phone lines are notoriously impossible to get through - are you saying this service somehow jumps the queue? That doesn't sound legitimate.

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StarStrider

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Sounds like a scam. There's no way to skip the IRS phone queue. They probably just keep calling for you using bots or something and charge you a fortune. Did they ask for your personal tax info? That would be a huge red flag.

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Malik Davis

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It doesn't jump the queue in an improper way - they use a combination of technology and timing to navigate the IRS phone system efficiently. The service keeps calling and navigating the prompts until they secure a place in line, then they call you when they're close to an agent. You never give them your personal tax information, just your phone number. I was also concerned it might be a scam, but they don't ask for any sensitive information. They simply connect the call to you once they've navigated through the IRS phone system. All your personal discussions happen directly with the IRS agent, not through any intermediary. I was surprised too, but it genuinely worked after I had wasted countless hours trying to get through myself.

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StarStrider

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I need to eat my words about Claimyr being a scam. After posting my skeptical comment, my custody situation with my ex blew up when we both tried claiming our son on our taxes. The IRS sent us both letters, and I desperately needed to talk to someone official. After three days of trying to call the IRS myself (and getting disconnected every single time), I reluctantly tried Claimyr. Within 15 minutes of submitting my request, I got a call saying they were about to connect me with an agent. Sure enough, minutes later I was talking to an actual IRS representative who walked me through the whole dispute process. The agent explained that since we have 50/50 custody and no agreement in our divorce decree, I needed to submit specific documentation showing either I had more custody nights or provided more financial support. Saved me weeks of stress and potentially having to hire a tax attorney. Definitely worth it for situations where you absolutely need to speak with the IRS.

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Ravi Gupta

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I've been on both sides of this situation (claiming and letting my ex claim our kids). Here's what worked for us: we actually put together a simple written agreement separate from our custody order that alternates who claims our son each year. In even years, I claim him. In odd years, my ex does. We both signed it, had it notarized, and keep copies. While it's not part of the court order, having this written agreement has prevented disputes. The key is documenting everything - keep a calendar showing exactly how many nights your child stays with you and save receipts for everything you buy for them.

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Amina Sow

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Thanks for sharing what worked for you. Did you find that alternating years was financially fair for both of you? And did you need to show this notarized agreement to the IRS, or was it just an agreement between you two?

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Ravi Gupta

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Alternating years worked out fairly well financially for us. Some years one of us might "lose out" a bit if we had more expenses, but it evens out over time and eliminates the yearly fight. The peace of mind is worth any small financial difference. We've never needed to show the agreement to the IRS because we've stuck to it consistently. It's primarily a document between us to prevent disputes. However, if there ever was an IRS question, having a signed and notarized agreement would help show we had a legitimate arrangement. What matters to the IRS is that only one of us claims the child each year.

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Has anyone used the dependency exemption release form (Form 8332) successfully? My understanding is that if the custodial parent (parent with more custody nights) signs this form, it allows the non-custodial parent to claim the child tax credit. But does this also transfer all tax benefits like the earned income credit or head of household status?

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Omar Hassan

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I've used Form 8332 for the past 4 years with my ex. It only transfers the Child Tax Credit and the dependency exemption. The custodial parent still gets to claim head of household filing status and the earned income credit if they qualify. The IRS is very specific about this - those benefits stay with whoever the child lives with more, regardless of who claims them as a dependent.

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Thanks for clarifying that! That makes more sense now. I was worried I'd be giving up too many benefits, but if I can still claim head of household as the custodial parent, that makes a big difference. I'll look into working out an arrangement with my ex.

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