DEPENDENT EXEMPTION

Forum|Forum|4 years ago
February 2, 2022
2 replies
1 view

OUR COURT ORDER STATES THE NON-CUSTODIAL PARENT CAN CLAIM IN ODD YEARS DEPENDENT THAT HER CHILD SUPPORT IS CURRENT BY JANUARY 31. I WAITED UNTIL THEN TO FILE BUT MY TAXES WERE REJECTED DUE TO HER CLAIMING OUR SON AS A DEPENDENT EVEN THOUGH SHE IS NOT CURRENT ON CHILD SUPPORT. WHAT CAN WE DO FROM HERE TO ENSURE THAT I GET THE CORRECT TAX CREDIT THAT WAS RIGHTFULLY MINE??

HE ALSO ONLY STAYS WITH HIS MOM FOR LESS THAN 100 OVERNIGHTS A YEAR, NO CHILD CARE AND I PROVIDE MEDICAL INSURANCE.

TurboTax PLUS Online

xmasbaby0

Level 15

Please stop shouting at us in all capital letters. It makes your post hard to read.

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. The non-custodial parent gets the child tax credit for children under the age of 18.

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected. Print, sign and mail your own return which claims your dependent. Mailed returns are processed differently by the IRS. It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent. The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s. Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

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.

**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.**

KAYGUY2019Author

Level 2

Yes, I am the custodial party. We have a court order that states other party can claim only if she pays her child support which she has not. No release of dependent was signed or given to the other party either.

DoninGA

Level 15

You will have to print and mail the 2021 federal tax return and claim the child on your tax return. The IRS will pay you any tax refund from the file return.

Within a year the IRS will contact both parties to investigate this situation concerning the dependent. The loser of the the investigation has to pay back any tax refund along with paying penalties and interest.

See this TurboTax support FAQ for printing and mailing a tax return using the TurboTax online editions - https://ttlc.intuit.com/community/printing/help/how-do-i-print-and-mail-my-return-in-turbotax-online/00/26258