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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 an Enrolled Agent with the IRS and has 6 years of tax and accounting experience. She's an avid hiker, animal lover, and self-proclaimed chocolate connoisseur.
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