Is it possible for my daughter and her ex to each claim one kid on their separate tax returns?
My daughter is stressing about her taxes this year and I'm trying to help her figure things out. She has two children (ages 4 and 6) and she's wondering if there's a way for her and their father to split the kids for tax purposes. Basically, she would claim one child as a dependent on her return, and he would claim the other child on his return. They're not married anymore but they co-parent pretty well, and they both feel this would be the fairest arrangement since they both support the kids financially. They each have the kids about half the time throughout the year. I told her I wasn't sure if the IRS allows this kind of arrangement or if there are special rules about it. Would claiming one child each cause problems with the IRS? Are there specific requirements they need to meet to do this? She definitely doesn't want to trigger an audit or anything. Any help would be really appreciated!
19 comments


Debra Bai
Yes, two parents can each claim one child as a dependent on their separate tax returns, as long as each child only appears on one tax return. The IRS actually sees this fairly often with divorced or separated parents. For your daughter's situation, here's what matters: Each child can only be claimed by one parent per tax year. There's no rule saying both children have to be claimed by the same parent. As long as she and her ex agree on who claims which child, and they're consistent with this on their tax forms, they should be fine. What's important is that they clearly communicate and document their agreement. They might even want to put it in writing, especially if it's not already specified in a divorce decree or separation agreement. This can help avoid confusion or disagreements when tax time comes around each year.
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Gabriel Freeman
•Thanks for that info! What happens if they both accidentally claim the same child? My brother and his ex had a misunderstanding last year and both claimed their son. It caused a huge mess.
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Debra Bai
•If both parents accidentally claim the same child, the IRS will notice this discrepancy when processing returns and will likely reject the second return filed. If both returns are accepted initially, the IRS would later send notices to both parents questioning the duplicate claim. In cases where parents disagree about who can claim a child, the IRS uses tiebreaker rules to determine which parent has the right to claim the child. These rules generally consider factors like who the child lived with longer during the tax year (the custodial parent usually wins), or if equal, who has the higher adjusted gross income.
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Laura Lopez
I went through something similar with my ex last year, and found this incredible tool at https://taxr.ai that saved me so much stress! I uploaded our custody agreement and some documents showing when our kids stayed with each of us, and the AI analyzed everything and confirmed I was eligible to claim our daughter while my ex could claim our son. It even showed exactly which tax benefits each of us qualified for with our respective dependent claims. The tool also explained how the Child Tax Credit and other benefits would work in our split arrangement. Super helpful when you're co-parenting and trying to figure out the tax implications!
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Victoria Brown
•How exactly does taxr.ai work with these complicated dependent situations? My situation is even messier - my ex and I have 3 kids and we're thinking of a 2/1 split for tax purposes. Would it help clarify if we're doing things correctly?
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Samuel Robinson
•Sounds interesting but I'm skeptical. Doesn't the IRS have specific tiebreaker rules that automatically determine which parent can claim the child? I doubt an AI tool could override those rules.
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Laura Lopez
•The tool works by analyzing your specific situation against IRS rules. You upload relevant documents like custody agreements, school records, or anything that shows where the children primarily lived during the tax year. It then applies the IRS tiebreaker rules to your specific case to determine eligibility. For a 2/1 split with 3 kids, it would be extremely helpful to make sure you're following IRS guidelines correctly. The AI doesn't override IRS rules - it actually helps you understand and apply them correctly. It identifies which parent meets the qualifying criteria for each child based on factors like custody time, support provided, and residence. Many people misunderstand these rules, and the tool provides clarity based on actual tax code and regulations.
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Samuel Robinson
Well I need to eat my words about being skeptical! I tried the taxr.ai tool after posting that comment, and it actually clarified everything for my situation. My ex and I have been fighting over who claims our twins for years. The tool analyzed our custody arrangement and showed me that since I have them 60% of the time and provide most of their support, I qualify as the custodial parent under IRS rules. It even explained how we could use Form 8332 if we wanted to transfer the claim to the non-custodial parent. Honestly wish I'd known about this last year before we both claimed the same kid and got flagged by the IRS. Saved me from making the same mistake again!
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Camila Castillo
If your daughter is having issues getting clear answers about dependent claims, she might want to speak directly with the IRS. I tried calling them for weeks about a similar situation and couldn't get through until I used https://claimyr.com. The service helped me skip the ridiculous hold times (I was waiting 3+ hours before hanging up in frustration). After using Claimyr, I got a call back from an actual IRS agent who walked me through the rules for my specific situation with my ex. They explained exactly how we could split our dependents and what documentation we needed to keep. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - it's basically like having someone wait on hold for you.
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Brianna Muhammad
•How does that actually work though? I thought nobody could get through to the IRS... are they like hiring people to wait on hold for you? Seems too good to be true.
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JaylinCharles
•Yeah right. I highly doubt this works. The IRS phone system is completely broken - I've tried calling dozens of times about my dependent situation and never reached a human. No way some service can magically get through when millions of people can't.
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Camila Castillo
•It's actually pretty straightforward - they use technology to navigate the IRS phone system and secure your place in line. When they reach an agent, they connect the call to your phone. You're not paying for someone to physically sit and wait - it's an automated system that holds your place and calls you when it's your turn. The reality is the IRS phone system does eventually connect to agents, but the wait times are ridiculous (often 2-3+ hours). Most people give up, which is what I did multiple times. This service just handles the waiting part so you can go about your day until an agent is available. No magic involved - just a practical solution to a frustrating problem.
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JaylinCharles
Ok I have to admit I was wrong. After posting my skeptical comment I was desperate enough to try Claimyr since I've been trying to resolve my dependent claim issue for months. I figured it couldn't hurt to try. It actually worked! They called me back in about 45 minutes with an IRS agent on the line. The agent confirmed that my ex-wife and I could each claim one of our kids as long as we followed the residency test requirements. She even sent me the specific forms we needed. I was seriously shocked - after months of failed attempts to get answers, I finally resolved everything in one phone call. Never would have believed it if I hadn't experienced it myself.
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Eloise Kendrick
Something important that nobody mentioned yet - if your daughter and her ex decide to each claim one child, they need to be careful about other tax benefits that depend on claiming children. For example, only the parent who claims a child can use head of household filing status, child tax credit, earned income credit, and dependent care credit for that specific child. So they might want to consider which parent would benefit more from claiming which child. Sometimes it makes more financial sense for one parent to claim both children if their tax situation would benefit significantly more.
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KaiEsmeralda
•That's a really good point I hadn't thought about! Do you know if my daughter should look at their income differences when deciding who claims which child? She makes about $42,000 and her ex makes around $65,000 if that matters.
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Eloise Kendrick
•Income definitely plays a role in determining who benefits more from claiming a child. At your daughter's income of $42,000, she might benefit significantly from tax credits like the Earned Income Credit (EIC) and the Child Tax Credit, which phase out at higher income levels. Since her ex earns $65,000, he might not qualify for the EIC but would still get the Child Tax Credit. They should consider calculating their taxes both ways (each claiming one child vs. one parent claiming both) to see which arrangement results in the most combined tax benefit for both of them.
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Lucas Schmidt
Has anyone dealt with the health insurance part of this? When my ex and I split claiming our kids, we ran into issues with the premium tax credit for health insurance. Only the person who claims the kid as a dependent can claim their health insurance costs for tax credits.
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Freya Collins
•Yep, dealt with that last year. We had to make sure the parent claiming each child was also the one who had them on their health insurance plan. Otherwise it gets super messy with the premium tax credit. Your daughter and her ex should coordinate this before filing.
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Darcy Moore
This is a great question that comes up a lot! Yes, your daughter and her ex can absolutely each claim one child on their separate tax returns. The key rule is that each child can only be claimed as a dependent by one parent per tax year - but there's no requirement that all children must be claimed by the same parent. Since they co-parent well and split time fairly evenly, they just need to agree on who claims which child and stick to that arrangement. I'd recommend they put this agreement in writing to avoid any confusion down the road. One important thing to consider though - they should look at the bigger tax picture before deciding. The parent who claims a child gets all the related tax benefits for that child (Child Tax Credit, Earned Income Credit if eligible, Head of Household filing status, etc.). Given their income difference ($42K vs $65K), your daughter might benefit more from certain credits that phase out at higher incomes. They might want to run the numbers both ways to see which arrangement gives them the best combined tax benefit.
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