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Carmen Lopez

Understanding Dependent Child Credits: Can Child Be on Multiple Returns for CTC, EIC, ODC?

I'm in a complicated tax situation this year and need some guidance asap! My husband and I lived together for 10 months in 2024, but separated for the last 2 months of the year. We're filing Married Filing Separately. Our 8-year-old daughter stayed with me (mom) after the separation, but my husband actually paid for more than half of her expenses throughout the year - not just housing but medical, school, activities, clothes, etc. We're trying to figure out if I can claim the Child Tax Credit (CTC) since our daughter physically lived with me, while my husband claims the Other Dependent Credit (ODC) since he financially supported her more? Is this even allowed or will it trigger problems with the IRS? Can the same child be claimed on two separate tax returns in different ways? I'm stressed about getting this right and don't want either of us to have issues with our returns. Any help would be really appreciated!!

This situation comes up more than you might think. When parents separate, tax benefits for children can be complex. Here's what you need to understand: The same child generally cannot be claimed for the same tax benefits by two different taxpayers. However, different tax benefits have different qualifying rules. For the Child Tax Credit (CTC), the qualifying child must live with you for more than half the year. Since your daughter stayed with you, this requirement seems met for you. For the Other Dependent Credit (ODC), this is typically used for dependents who don't qualify for the CTC, not as an additional credit for the same child. When filing MFS, only one parent can claim the child as a dependent - you can't split the dependent-related benefits for the same child across two MFS returns. The IRS tiebreaker rules typically give the claim to the parent with whom the child lived for the longer period during the year. If you're officially separated but not divorced, you might want to look into whether one of you could qualify for Head of Household status instead, which offers better tax benefits than MFS.

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Andre Dupont

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But what about the fact that the husband paid for more than half of the child's expenses? Doesn't that give him some claim to tax benefits? And doesn't the ODC have different requirements than the CTC?

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The financial support test is indeed important, but it doesn't override the residency requirement for certain credits. For the CTC, the child must live with you for more than half the year, regardless of who provides financial support. The ODC is designed for dependents who don't qualify as your dependent child for the CTC - like elderly parents, adult children with disabilities, or other relatives you support. It's not meant to be an alternative way for another parent to claim the same child on a separate return.

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I went through something similar with my ex last year and was super confused until I found https://taxr.ai which helped me figure out exactly what I could claim. Their system analyzed my situation and showed me that when parents file MFS, only one parent can claim the child as a qualifying child - you can't split the dependent between returns like you're describing. I uploaded my documents and answered a few questions, and it clarified that the parent who had the child living with them for the longer period during the tax year (which was me) gets to claim the child for CTC purposes. The fact that my ex paid more expenses didn't override the residency requirement. The tool also showed me how the tiebreaker rules worked in my specific situation and gave me documentation to back up my claims in case the IRS questioned anything. Seriously saved me so much stress!

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Jamal Wilson

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Did it give you actual documentation you could use if audited? Or just advice? My sister and her ex fought over this last year and both ended up getting flagged by the IRS because they both tried to claim their kid.

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Mei Lin

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I'm skeptical about these online tools. How does it know the actual IRS rules better than a real tax professional? Did you end up using what it told you on your actual tax return?

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It provided me with a detailed report that explained which tax benefits I qualified for based on my specific situation, with references to the actual IRS rules and publications. It wasn't just generic advice - it was tailored to my exact circumstances after analyzing my documents. The system actually flagged inconsistencies between what my ex claimed and what I was eligible for, which helped me avoid the exact situation your sister experienced. I was able to file confidently and had documentation ready in case of questions. I absolutely used their guidance on my return. It actually saved me from making a mistake that my tax software didn't catch. The tool was created by tax professionals who built the logic directly from IRS publications, so it applies the same rules a knowledgeable tax pro would.

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Mei Lin

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Just wanted to follow up about my experience with https://taxr.ai after my skeptical question. I decided to try it since my ex and I were fighting over who could claim our son. I was genuinely surprised - it asked detailed questions about custody arrangements, where our son slept each night, and who paid for what. Then it clearly showed me that I could claim the CTC and EIC since our son lived with me most nights, even though my ex paid for daycare and some other big expenses. The report explained the tiebreaker rules in plain English and showed me exactly why I qualified. I sent my ex the summary (you can share it directly from the tool), and it actually helped us stop arguing because the rules were so clearly explained. We ended up filing correctly and both our returns went through without a hitch. I was definitely wrong to be skeptical - it was way more helpful than the generic advice I got from TurboTax's help section!

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I had a similar situation and spent DAYS trying to get through to the IRS to get a clear answer. Kept getting busy signals or disconnected after waiting for hours. Finally found https://claimyr.com and watched their demo video here: https://youtu.be/_kiP6q8DX5c They got me connected to an actual IRS agent in about 20 minutes when I'd been trying for weeks on my own! The agent confirmed that when filing MFS, only one parent can claim a child as a qualifying child for dependent-related tax benefits. They explained that the residency test (where the child lived) is usually the determining factor for the CTC. The agent also explained that the Other Dependent Credit is generally for non-child dependents, not as a way for the second parent to claim the same child. If we had been divorced with a formal agreement, things might be different, but for MFS there's no splitting of dependent benefits for the same child. Having that direct confirmation from the IRS gave me the confidence to file correctly and avoid potential problems later.

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GalacticGuru

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How does that service actually work? I don't get it. The IRS never answers their phones - how can some random website make them pick up?

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Amara Nnamani

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Sounds like a scam. Nobody can magically get through to the IRS. They're just taking your money for something you could do yourself if you kept trying. Did you actually talk to a real IRS agent or just someone pretending to be one?

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The service uses technology to navigate the IRS phone system and wait on hold for you. When they reach an agent, they call you and connect you directly to that agent who's already on the line. It's not magic - just automated technology that keeps redialing and navigating the phone tree until it gets through. I definitely spoke with a real IRS agent. They verified my identity using the standard IRS verification process, and I was able to ask specific questions about my tax situation. The agent even referenced my previous year's filing information, which only the actual IRS would have access to.

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Amara Nnamani

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I have to eat my words about Claimyr being a scam. After my skeptical comment, I was still desperate for answers about my complicated dependent situation, so I tried it anyway. To my complete shock, I got a call back in about 30 minutes saying they had an IRS agent on the line! The agent walked me through the rules for MFS filers claiming the same child and confirmed that only one taxpayer can claim a child as a qualifying child. She explained that the CTC requires the child to live with you more than half the year, and the person who meets that requirement gets to claim it. The ODC won't work as an alternative for the other parent in this case. This saved me from a potential audit because my ex and I were planning to try exactly what the original poster described. Now we've agreed that I'll claim our daughter since she lives with me, and we'll adjust our informal support agreement to account for the tax benefit. Worth every penny just for the peace of mind!

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Just to clarify one thing that others haven't mentioned - the Earned Income Credit (EIC) also has the residency requirement. So whoever qualifies for the CTC would likely also be the only one who could claim the EIC for that child (assuming they meet the income requirements). The bigger issue here is that MFS filers cannot claim the EIC at all! That's a restriction many people don't realize. If you're MFS, you're completely ineligible for the Earned Income Credit regardless of whether you have qualifying children. This is why some separated couples should explore whether one might qualify for Head of Household status instead, which would allow EIC claims if eligible.

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Carmen Lopez

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Thank you for mentioning the EIC restriction for MFS! I had no idea about that. So if I understand correctly, with our current plan to file MFS, neither of us can claim EIC regardless of our daughter's living situation? Would I qualify for Head of Household even though we were married and living together for most of the year? The separation only happened in November.

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That's correct - when filing MFS, neither parent can claim the Earned Income Credit, regardless of your child's living situation. It's one of the significant disadvantages of the MFS filing status. For Head of Household status, you generally wouldn't qualify if you lived with your spouse at any time during the last 6 months of the tax year. Since you mentioned you separated in November (within the last 2 months of the year), you likely wouldn't meet the requirements for HOH for this tax year. You'd need to be "considered unmarried" for tax purposes, which includes not living with your spouse during the last 6 months of the year.

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Something nobody's mentioned yet - if you're planning to get divorced and will have a formal agreement, you could address this for future years. A divorce decree or separation agreement can specify which parent gets to claim the child for tax purposes, regardless of the residency test. But for your current situation, it's like everyone is saying - only one of you can claim the child as a qualifying child, and usually that's the custodial parent (who the child lived with more). Also, look into the child and dependent care credit if either of you paid for childcare while working or looking for work. That's separate and has its own rules.

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Dylan Cooper

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Do you know if a notarized agreement between the parents would work for this tax year? Or does it HAVE to be a formal court document? My friend and her ex just write up who claims which kid each year and get it notarized.

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For married couples filing separately, a notarized agreement between parents typically won't override the IRS tiebreaker rules. The IRS generally looks at the actual facts (where the child lived, who provided support) rather than private agreements between married spouses. However, there is Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent) that allows the custodial parent to release their claim to the dependency exemption to the noncustodial parent. But this is usually used in divorce situations and has specific requirements. For your current tax year as a married couple filing separately, you'll likely need to follow the standard tiebreaker rules based on residency and support tests. The notarized agreement approach your friend uses might work better once there's a formal separation or divorce decree in place.

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