I filed head of household and now my baby’s mom can’t claim our daughter

Forum|Forum|6 years ago
March 26, 2020
1 reply
5 views

So me and my daughters mom aren’t together . It was her year to claim her so I filed head of household on my taxes and now she’s trying to file hers and she can’t claim our daughter because it’s saying I already did ... I thought I read through it enough and I was within my rights

KatrinaB48

Level 15

Did you enter your daughter's information as a nondependent? Did you see the message that she did not qualify as your dependent during 2019?

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xmasbaby0

Level 15

The child's mother cannot e-file now. She will have to print, sign and mail her return since you used the child's SSN on your own return. She cannot wait for you to amend, although you need to do so. Your amended return will not "catch up" in the system in time for her to e-file this year.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

xmasbaby0

Level 15

Who is the custodial parent? Who did the child live with for the most nights in 2019?

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

If you qualify as Head of Household, when you enter your filing status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit + education credits if the child is a full-time college student. The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.