DianeW
Expert Alumni

After you file

Yes, you can do that if you need to.  An amendment can be completed so that you can remove your dependent and let the other parent claim your child. Here are some of the basic rules when it comes to children of divorced or separated parents, as well as if they actually all live together (since I'm not familiar with your specific situation).

Only the custodial parent is entitled to the earned income credit and child care credit (if applicable). If you all live in the same household then only one parent can put the children on the tax return. You can decide between you who will do that, otherwise the IRS will use the Tie Breaker Rules (click this link).

If you do not live with the other parent, and the children live with you, then you should list them on your return.  When you list the children on your tax return, then you should indicate how many months the children lived with you, and check the box that you have waived the exemption to the noncustodial parent. Follow the screens to answer the questions.  Provide a signed copy of Form 8332 to the noncustodial parent.

  • Start at the "My Info" section or "Personal Information" section, then Edit (or select the pencil) next to your child or children to review your answers to the questions.  You will be notified on the screen that you are not allowed to take the exemptions, but this does not eliminate the earned income credit.
  • Click the image attached for assistance.

If you have answered all the questions correctly, then you should mail your tax return if it gets rejected.  Under the File tab select mail instead of E-file if this occurs.

With this information in mind you can decide if you want to amend your tax return.  Be sure to read all the information before you begin so that all of your original figures are accurate for the amendment. Consider whether you should also amend your state return, which is usually required if the federal changes.

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