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Sorry that you’re having to deal with the complications of the tax code on top of an already difficult situation.
The short answer is no, he can’t claim your son as a dependent. In this situation you are the “custodial parent,” because the child lived with you for the majority of the year and you pay for more than 50% of his care.
I would highly recommend getting some formal or written documentation in case your husband tries to claim your son on his return anyway. In the event that that happens, the IRS will reject both returns.
Many co-parents opt alternate claiming the dependent each year using Form 8332.
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Sarah is a staff writer at Keeper Tax and has her Enrolled Agent license with the IRS. Her work has been featured in Business Insider, Money Under 30, Best Life, GOBankingRates, and Shopify. She has nearly a decade of public accounting experience, and has worked with clients in a wide range of industries, including oil and gas, manufacturing, real estate, wholesale and retail, finance, and ecommerce. Sarah has extensive experience offering strategic tax planning at the state and federal level. During her time in industry, she handled tax returns for C Corps, S corps, partnerships, nonprofits, and sole proprietorships. Sarah is a member of the National Association of Enrolled Agents (NAEA) and maintains her continuing education requirements by completing over 30 hours of tax training every year. In her spare time, she is a devoted cat mom and enjoys hiking, baking, and overwatering her houseplants.
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