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Level 1
January 28, 2023
Question

My ex claims my son as a dependent but he lives with me all 12 months so I claim him as child tax credit. Turbo tax changed in the last year. What do I do?

  • January 28, 2023
  • 2 replies
  • 22 views
I don’t know how to move forward with the child tax credit.

2 replies

Level 15
January 28, 2023

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 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.

 

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. 

 

**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.**
Level 8
January 28, 2023

The child tax credit goes with dependency. They are inseparable. As the custodial parent, you are potentially entitled to the Head of Household status, the Earned Income Credit and and the Child Care Credit.