How can a noncustodial parent claim there child on taxes and b legal

carolinakid12002 — Wed, 26 Jun 2019 22:53:33 GMT

i keep my daughter on a joint custody agreement and she receive my ssi can she b claim by me if i povided out of my pocket for the year.

For tax purposes, there is no such thing as joint custody...

Hal_Al — Fri, 31 May 2019 23:49:22 GMT

For tax purposes, there is no such thing as joint custody, regardless of what your legal agreement says. The requirement, to be custodial parent, is that the child live with you MORE than 50% of the time. One of you has to be the custodial parent and the other the non-custodial parent.

The fact tat the child is receiving social security benefits, based on your SSA account, is irrelevant.

The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.

There is a way to split the tax benefits.

There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child , even when the custodial parent has released the exemption to him.

Where is this special rule noted in the 503? Please cited...

aadavis83 — Fri, 31 May 2019 23:49:24 GMT

Where is this special rule noted in the 503? Please cited your reference.

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How can a noncustodial parent claim there child on taxes and b legal

For tax purposes, there is no such thing as joint custody...

Where is this special rule noted in the 503? Please cited...