All Laws Decoded

Who Claims the Child on Taxes After Divorce?

For federal taxes, the custodial parent, meaning the parent the child lived with for more nights during the year, generally claims the child. The custodial parent can release the claim to the other parent with Form 8332 or a similar written statement, but that release covers only certain benefits. If both parents claim the same child, IRS tie-breaker rules decide.

What the law says

FAQ

We have 50/50 custody. Who claims the child?
If the child spent an equal number of nights with each parent, the parent with the higher AGI is treated as the custodial parent.
Can the parent the child doesn't live with claim the child?
Only if the custodial parent releases the claim with Form 8332 or a similar statement, which the noncustodial parent attaches to their return.
Can a released claim be taken back?
Yes. The custodial parent can use Form 8332 to revoke a previous release.
If I sign Form 8332, can I still file as head of household?
The release does not allow the noncustodial parent to claim head of household status, and IRS Publication 501 says the custodial parent generally can still treat the child as a qualifying child for head of household purposes.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.