topic Re: work release program in After you file

work release program

llaguins — Mon, 23 Feb 2026 10:08:44 GMT

Hi-

Can a person who was technically in prison but housed at a work release facility able to claim a child on their taxes. They were at this facility Jan 2022 though Nov 2022? This facility does allow them to send money home.

Re: work release program

xmasbaby0 — Thu, 26 Jan 2023 15:02:33 GMT

Who did the child live with? The person the child lived with is the custodial parent. The custodial parent is the one who can claim the child.

Re: work release program

llaguins — Thu, 26 Jan 2023 15:13:09 GMT

Technically, me the mother but his dad and I were married for 13years and the work release program was 2 miles away from the house and he was able to come home every week end and could send up to 1k home monthly. so he did provide. we have 2 other kids that I can claim. The child in question is the one that he claimed in the past. -- the work release program is just throwing us for a loop.

Re: work release program

xmasbaby0 — Thu, 26 Jan 2023 15:17:30 GMT

Well....child support is not the criteria to determine who can claim the child, since child support is not entered on a tax return. The IRS goes by physical custody --- and you were the custodial parent. If you want to sign a form 8332 for the dad, he can claim the child for child tax credit only. You would still get EIC and childcare credit for the child.

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 18.

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.

Re: work release program

llaguins — Thu, 26 Jan 2023 15:22:47 GMT

we were married and have equal rights, he is not and has never been on child support. He only went to the half way house and continued his responsibilities as a father.

Re: work release program

xmasbaby0 — Thu, 26 Jan 2023 15:26:07 GMT

Again.....there are tax laws. Do you want to abide by them or not. You can sign a form 8332 for the dad.

https://www.irs.gov/pub/irs-pdf/f8332.pdf

Re: work release program

llaguins — Thu, 26 Jan 2023 16:54:52 GMT

This is what’s wrong with the world today— rude **Bleep** pple like you! But heres some tea to sip on!! in our divorce decree Nothing changed only our marriage! Everything is 50/50 and we agreed to keep EVERYTHING the SAME so much the same that we still live in the same house! I SIMPLY wanted to know if he could legally continue to claim the child- otherwise I would claim him and he could continue claiming him next year!
Thanks for nothing though - I’ll ask someone a bit more professional who is able to explain this in detail