You Can’t Claim Your Child Because Your Ex Earned More
Claiming dependents can be tricky if you’re divorced. Typically, you can treat a child as a qualifying dependent if that child lives with you more than half the year. You’re entitled to claim exemptions — which reduce your taxable income — for dependents. Plus, you qualify for other tax deductions and credits as the custodial parent.
However, if your child lived the same number of nights with you and your ex-spouse, you can’t both claim the child as a dependent. If your spouse earned more than you, then he will be treated as the custodial parent and allowed to claim the child as a dependent, according to the IRS.