The Advance Child Tax Credit payments were based on the IRS records from the most recent tax return on file. This means the parent who claimed the child last year may have received the monthly advance payments, even if the child now lives with the other parent.
The IRS does not decide advance payments based on who has custody right now, but based on who claimed the child on the prior year’s return.
Even if the child lives with a different parent this year, the IRS still sends payments based on last year’s return unless someone updates the information.
This leads to:
The parent eligible for the Child Tax Credit this year is the parent who:
That parent gets the credit, not necessarily the one who received the advance payments.
Some custody agreements allow alternating tax years. In that case:
It creates confusion and repayment issues.
Possibly.
If a parent received advance payments but does not claim the child this year, they may have to repay some or all of them unless they qualify for repayment protection based on income.
Not automatically.
Parents cannot transfer advance payments using a custody agreement. The IRS only applies credits based on tax law and dependency rules.
When Advance CTC was active, parents could update:
Future advance credits may use the same system.
Custody affects eligibility, but advance payments are based on the prior year’s return. That means:
can all cause incorrect advance payments and repayment at filing time.
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