If you are unmarried or never married
and live apart and share custody, then:
The
parent with whom the child lives more than half the year (183 or more nights )
is automatically entitled to claim the child as a dependent. This is the
custodial parent. (IRS determines custody based on where the child lives, not
any court order or agreement.) The non-custodial parent is not
entitled to claim anything.
However,
the custodial parent can sign a release (form 8332) allowing the non-custodial
parent to claim the child as a dependent. You can download this form from
the IRS web site. The custodial parent signs it and gives it to the
non-custodial parent and the non-custodial parent mails it to the IRS after
e-filing the rest of their tax return. In this case, the non-custodial
parent can claim the dependent exemption and the child tax credit. The
non-custodial parent can never claim earned income credit, the dependent care
credit (day care credit) or use the child to qualify for head of household
status. Those benefits always stay with the custodial parent.
Only the Custodial parent
can claim: (Child would be listed as non-dependent EIC & CC only)
-Head of Household
-Earned Income Credit
-Child Care Credit
The non custodial parent can only claim: (Child would be listed as dependent)
-The Exemption
- The Child Tax Credit
