1642113
You'll need to sign in or create an account to connect with an expert.
No you cannot. Remember that the non-custodial parent can only claim the dependent and the child tax credit, never the EIC or child care credit, both of which require that the parent claiming those credits actually physically lived with the child mote than half the year.
I am the custodial parent. I have her 100% of the time. According to our court order he can claim her every other year. So my question is - does that apply to federal and state or just federal?
I would strongly recommend reviewing your court order. In every case like this I've ever seen, when the noncustodial taxpayer takes the federal dependent exemption (they often take them in alternating years), they also claim the dependent on the state level. As far as the state is concerned, it sounds like you qualify to claim the dependent. But that won't stop you from being hit with contempt of court at the local level if you violate the court order if the father wants to push the issue.
If your court order is unclear, you might consider seeking legal advice. Or just go the safe route and claim her on both returns every other year.
@amydbreslow wrote:
I am the custodial parent. I have her 100% of the time. According to our court order he can claim her every other year. So my question is - does that apply to federal and state or just federal?
I know of no state that allows you to claim a dependent that is claimed by another taxpayer on the Federal return.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
cdhowie689
New Member
lauraso
New Member
gman98
Level 2
kristinacyr
New Member
Foxylady 69
New Member