Tax question on dependent with split custody?

I have a child that I split custody with my ex. He claimed him last year so its my turn this year. However, he has indicated that he intends to claim him again this year. I filed my taxes first, and claimed my child...but because I have him in my custody half of the time, I put down he was living with me for 6 months or more.





Should I amend that or would I be okay? I filed my return electronically and it was accepted.Tax question on dependent with split custody?
It is not your problem. You have already claimed him, when your husband tries he had better have some kind of permission to do so every year in your divorce decree, if not and he receives the earned income credit and the child tax credit he will have some explaining to do and will also be owing the IRS money. If it does say in the divorce decree that your x is allowed to claim the child every year then you have a problem, if this is the case call your tax preparer.Tax question on dependent with split custody?
If your divorce decree does not specifically say who will claim the child on their taxes, you guys need to make an agreement. But if you BOTH file him as a dependent it will come down to the tie breaker rules. The IRS will decide first, who the child lived with the longest (if it is exactly even then they go to another tie breaker), second, who makes more money.
If it's basically half and half, it would come down to the number of days (or actually, nights) that he spent with you. The parent the child lives with for the greater portion of the year, even if it's only by one day, gets the exemption unless there is a court order to the contrary, or if that parent allows the other parent in writing to claim the exemption.
If you can show evidence that the child lived with you for 183 days or more, and with your husband for 182 or less, you are the custodial parent and have the right to claim the child as long as you did not sign a declaration as part of the divorce stating yo would not claim the child.