Deductions & credits

If your children lived with you for more than half the year in 2015, you may include them on your tax return as nondependents even if your former spouse is claiming them as dependents. Only the custodial parent may claim the Earned Income Tax Credit (if your income is within a certain range) and the Child and Dependent Care Credit. Note: The IRS defines the custodial parent as the parent with whom the child spent the most nights during the tax year. If the custodial parent agrees to let the noncustodial parent claim the child as a dependent, the custodial parent must sign a Form 8332 and the noncustodial parent must submit this form with his or her tax return. For more information about this form, see What is Form 8332: Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.

Claiming a Child as a Nondependent in TurboTax

In the Personal Info section of the tax interview, TurboTax asks if there is an agreement between you and other parent about who can claim the child, and if so, if the other parent is claiming the child. You'll need to respond accordingly so that the children are listed as nondependents on your tax return. (Note that the information for each child is added separately, and you'll also be asked to provide their Social Security Numbers during the interview.) The attachments below show the screens related to claiming a child for the Earned Income Tax Credit or Child and Dependent Care Credit Only. You'll want to make sure that the children are not listed as dependents on your tax return before filing.

Including a child on your tax return may also help you qualify to file as Head of Household if you meet the additional requirements.

See the FAQs below for more information.