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Darcy Moore

Post Divorce Child Tax Credits: Better to Alternate Years or Each Claim 1 of 2 Children Annually?

Hey everyone, I'm a recently divorced dad of two awesome kids (7 and 9) trying to figure out the smartest way to handle our taxes. My ex and I have 50/50 custody and we're on decent terms, so we're actually willing to work together on this tax stuff. We have two options we're considering: either we each claim one kid every year (I take our daughter, she takes our son), OR we alternate years where I claim both kids one year, then she claims both the next year. Our custody agreement doesn't specify anything about tax credits, so we have flexibility. My income is around $72,000 and hers is about $65,000. I've heard the child tax credit is going up to $2,000 per kid for 2025, so that's significant money. I'm trying to understand if one approach is clearly better than the other from a tax perspective. Would we get more total money back if we split the kids each year? Or is alternating years the way to go? Does the math work out differently somehow? Really appreciate any advice from people who've been through this!

Dana Doyle

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The best approach depends on your individual tax situations, but I can help explain the options. When both parents have similar incomes like yours, splitting the children (each taking one child every year) often works out roughly the same as alternating years where one parent claims both children. However, there are some nuances to consider. If one of you might qualify for Head of Household filing status by claiming a dependent, that could provide better tax benefits than just the child tax credit alone. The standard deduction for Head of Household ($20,800 for 2025) is higher than single filers ($14,600 for 2025). Another consideration is phase-out limits. The child tax credit begins to phase out at higher income levels, so if one of you expects a significant income increase, that might affect the optimal strategy. Sometimes the simplest approach is each claiming one child consistently, as it provides predictable tax planning for both parties. But alternating years means larger refunds every other year, which some people prefer.

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Liam Duke

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Thanks for that info! Does claiming Head of Household require having the child more than 50% of the time? Or can you claim it with exactly 50/50 custody? Also, are there any other tax credits besides the child tax credit that we should consider when making this decision?

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Dana Doyle

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For Head of Household status, you generally need to have the child living with you for more than half the year. With exact 50/50 custody, this gets tricky, but the IRS has tiebreaker rules. If you both can't meet the "more than half" test, the person with the higher adjusted gross income gets to claim the child for this purpose. There are several other child-related tax benefits to consider beyond just the Child Tax Credit. The Child and Dependent Care Credit (if you pay for childcare), education credits as they get older, and the Earned Income Tax Credit may be available depending on your income. Each of these has different rules about who can claim them when parents are divorced.

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Manny Lark

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I went through something similar with my ex and found this awesome tool at https://taxr.ai that saved us thousands over the years! We kept arguing over who should claim which kid and when, and my accountant was charging me $250 just to run different scenarios. The taxr.ai tool let me upload our divorce decree, input both our income info, and it ran all the possible combinations to show us exactly what approach would save us the most money combined. It helped us see that in our case, me claiming our older kid and her claiming the younger one was better because of how our specific deductions and credits worked out. Apparently the analysis changes a lot based on your individual tax situations.

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Rita Jacobs

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Does this tool handle complicated situations? My ex lives in a different state now and we have different health insurance setups for the kids. Would it factor all that in?

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Khalid Howes

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I'm curious - does it just give general advice or actual dollar amounts? And does it consider future years too? Like if one of us expects a big income change?

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Manny Lark

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It definitely handles complicated situations including different states. You can input details about health insurance, childcare expenses, school tuition, and other factors that might affect your taxes. It's pretty comprehensive for divorced parent scenarios. For your second question, it gives you actual dollar amounts showing the tax outcome for each parent in each scenario, plus your combined tax benefit. It can also run projections for future years if you provide estimated income changes. We found it helpful when my ex was expecting a promotion that would put her in a different tax bracket.

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Rita Jacobs

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Just wanted to follow up - I tried that taxr.ai site after seeing this comment and WOW! It showed us that splitting the kids (one each) every year was actually way better than alternating years because of my state's tax credit situation. My ex and I were about to start alternating years but the analysis showed we'd leave almost $1,780 on the table every two years with that approach compared to each claiming one kid consistently. The tool even generated a tax agreement we both signed to prevent future arguments. Our situation was extra complicated because of the state differences, but the recommendations were clear and even my ex's accountant agreed with the approach. Definitely worth checking out!

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Ben Cooper

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Divorced dad here - I wasted SO MUCH TIME trying to get through to the IRS to get clarity on this exact issue. Kept getting disconnected after waiting for hours. Finally used https://claimyr.com to get through to an actual IRS agent in about 15 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent walked me through all the rules for divorced parents and confirmed that in our situation (very similar to yours with 50/50 custody), my ex and I were free to decide between ourselves how to allocate the tax benefits, but that the IRS would use their tiebreaker rules if we both tried to claim the same child. Saved me from possibly triggering an audit by misunderstanding the rules! They also explained how to document our agreement so we wouldn't have filing issues.

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Naila Gordon

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So what does this service actually do? I'm confused how it gets you through to the IRS faster than just calling them yourself?

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Cynthia Love

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Sounds like a scam. The IRS doesn't give priority to certain callers. How could they possibly get you through faster than anyone else?

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Ben Cooper

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The service basically navigates the IRS phone tree for you and waits on hold in your place. When they reach a live agent, they call you and connect you directly to that agent. You don't have to do anything except answer your phone when they call you. It's definitely not a scam. The IRS doesn't give them any special priority - they're just using technology to handle the frustrating wait time for you. They can navigate through multiple disconnects and callbacks that typically happen with the IRS phone system. The IRS doesn't know or care who's waiting on the line, but Claimyr ensures someone's there navigating the system until an actual human is reached.

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Cynthia Love

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I need to apologize for my skepticism about Claimyr. After seeing it mentioned here, I actually tried it because I was desperate to talk to someone at the IRS about my own divorced parent tax situation. I still can't believe it actually worked! After trying for WEEKS to get through on my own (and getting disconnected 5 times), I used Claimyr and got connected to an IRS agent in 22 minutes. The agent walked me through exactly how to document our custody agreement for tax purposes and confirmed who could claim Head of Household. For what it's worth, she told me that with 50/50 custody like you have, you really can choose whatever arrangement works best for both parents, as long as you don't both try to claim the same benefits for the same child in the same year. She said alternating or splitting are both perfectly fine options.

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Darren Brooks

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Something nobody's mentioned yet - make sure whatever you decide, put it in WRITING! My ex and I had a verbal agreement about taxes that worked great for three years, then suddenly he "forgot" our arrangement and claimed both kids without telling me. It created a huge mess where my return got rejected, I had to file by mail, and we both got letters from the IRS. Took months to resolve. So whatever you decide, type up a simple agreement, both sign it, and keep copies. Trust me, it's worth it even if you're on good terms now.

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Darcy Moore

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That's really good advice, thank you. We're on decent terms now but I know things can change. Did you use a lawyer to draft the agreement or just create something yourselves?

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Darren Brooks

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We didn't need a lawyer. We made a simple document that stated which parent would claim which child (or children) for which tax years. We included our names, SSNs, kids' names and SSNs, the years covered by the agreement, and both our signatures with dates. I also recommend adding a clause about what happens if one parent can't use the tax credit in a given year (like due to low income). In our updated agreement, we added that if one parent can't benefit from the credit, they'll notify the other parent by February 1st so the other can claim it that year.

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Rosie Harper

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Has anyone considered the EITC (Earned Income Tax Credit) in this scenario? That can be a big deal depending on your income.

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Good point about EITC. With his income at $72k and his ex at $65k, they're both likely above the phase-out limit for EITC with children. For 2025, EITC completely phases out around $54k for a single parent with one child and around $60k with two children. But if either of their incomes drop, this could become relevant. The EITC rules follow whoever claims the child as a dependent.

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Rosie Harper

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Thanks for that info! I didn't realize the phase-out was that low. I was thinking EITC might play a role in their decision, but you're right - at their income levels it probably won't matter.

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Demi Hall

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One thing to watch out for - make sure you're filling out Form 8332 correctly if you're the noncustodial parent claiming the child! A friend of mine got audited because they missed this step. With 50/50 custody you technically both qualify as custodial parents, but for tax purposes, whoever has the child for the most nights during the year is considered the custodial parent. If it's exactly equal, then the parent with the higher AGI is considered the custodial parent by IRS tiebreaker rules.

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Wait so if they're truly 50/50 and the dad makes more ($72k vs mom's $65k), does that mean the dad is automatically the custodial parent for tax purposes? Would the mom need to fill out Form 8332 to release her claim even if they've agreed she'll claim one or both kids?

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Demi Hall

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You're asking a good question about the tiebreaker rules. If custody is truly 50/50 (equal nights), then yes, the parent with the higher AGI (the dad in this case at $72k) would be considered the custodial parent for tax purposes under IRS tiebreaker rules. However, there's an important distinction here. The tiebreaker rules only come into play if BOTH parents attempt to claim the same child on their taxes. If the parents have a written agreement about who claims which child, and they follow that agreement (not both claiming the same child), then the IRS generally won't apply the tiebreakers. Form 8332 would typically be used if they decide that the mom (technically non-custodial in tiebreaker scenarios) would claim a child. The dad would "release" his claim by providing this form.

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Rami Samuels

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Just wanted to add another perspective as someone who's been through this exact situation. My ex and I started with the alternating years approach, but switched to each claiming one child consistently after the first year. Here's why: alternating years means one of you gets a much smaller refund (or even owes money) every other year, which can mess with your budgeting. When you each claim one child every year, your tax situation stays more predictable. Also, don't forget about things like FSA contributions for medical expenses or dependent care. If you're both contributing to FSAs for the kids, you'll want to coordinate that with whoever's claiming which child. One more tip - start tracking which nights each child stays with each parent NOW, even if you think it's exactly 50/50. Life happens, kids get sick and stay extra nights with one parent, school schedules change, etc. Having actual records will save you headaches if the IRS ever questions your filing.

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This is really helpful advice about tracking the nights! I never thought about how small changes in the schedule could affect the tax situation later. Quick question - when you say you switched from alternating years to each claiming one child, did you notice a big difference in your combined tax savings? I'm trying to figure out if the predictability is worth potentially leaving money on the table compared to the optimal mathematical approach.

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