Nondependent - for EIC/dependent care only. I answered the questions and this came up. if I use this then he will not be able to use the children?

Forum|Forum|7 years ago
June 1, 2019
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macuser_22

Alumni - Champ

That came up because you stated in the dependent section that you have a custodial agreement and the other parent is claiming this year. If that is not the case, return to the personal information -> dependent section and delete the dependent and then re-enter and carefully read the questions.

The custodial agreement question *only* pertains to divorced or separated parents that live apart. Married or unmarried parents that both live with the child must answer "no" to the question. Only one parent can claim the child and all the benefits. Only separated parents can have a custodial agreement.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

macuser_22

Alumni - Champ

I thing that I misread your question. If by "he" do you mean that you *are* separated and you are the custodial parent releasing the child to the non-custodial parent?

If that is the case then he can *only* claim the child's exemption (dependent) and the child tax credit. ONLY the custodian parent where the child physically lived more than half the year can claim the EIC and Child Care Credits o and possible Head of Household filing status if otherwise qualified.

You do not need to change anything since that is what is supposed to happen in that situation.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

bravesfan18

Level 2

mother in divorce papers says claim on taxes. going through the question. yes to having a agreement. yes to the other parent is the one to claim them. but it says Nondependent - for EIC/dependent care only and shows that i will receive funds. Just want to make sure im not doing something wrong if i file my taxes

macuser_22

Alumni - Champ

@bravesfan18 wrote:

mother in divorce papers says claim on taxes. going through the question. yes to having a agreement. yes to the other parent is the one to claim them. but it says Nondependent - for EIC/dependent care only and shows that i will receive funds. Just want to make sure im not doing something wrong if i file my taxes

Both EIC and dependent care *require* that the parent claiming those physically lived with the child more than half the year. Those credits cannot be transferred to the non-custodial parent with a custody agreement - only the dependent credit and child tax credit can be.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**