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James981
New Member

Claiming my daughter on taxes

My daughter is graduating from high school in 2022.  My ex spouse used her financial  information to help my daughter file a fafsa for  2022 2023.   Can I still claim my daughter on my taxes for 2021?  We alternate claiming my daughter each year. Is fafsa and child tax credit totally independent? My daughter is 17.

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4 Replies

Claiming my daughter on taxes

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.

 

**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.**

Claiming my daughter on taxes

FAFSA is completely separate.  The tax code is its own thing separate from everything else, and you follow the tax laws on your tax return, no matter what you said on the FAFSA.  

 

You can claim your child as a dependent if your child,

a. lives in your home more than half the year

b. does not provide more than half their own support

When your child turns 19, they must also be a full time student (for at least part of 5 months) for you to claim them as a dependent.  

 

If your child lives in your ex's home more than half the year, your ex can claim the child as a dependent.

 

In order to alternate years properly, the custodial parent (where the child lives more than half the year) must give the other parent a signed form 8332.  That allows the non-custodial parent to claim the child tax credit but not head of household status, EIC or certain other credits, because those tax benefits always stay with the custodial parent and can't be waived, shared or transferred.  If you have just been trading the dependent by claiming the child lived with you when they did not, the non-custodial parent may have been claiming improper tax benefits and the custodial parent may have been giving up certain tax benefits.

 

HOWEVER,

Note that when the child turns 18 (or reaches the age of adulthood in your state if it is different from 18), the special rules for children of divorced or separated parents no longer apply.  You then go back to the ordinary rules which says the child can only be claimed by the parent where the child physically lives more than half the year.  The dependent claim can't be alternated after they turn 18, unless the child's living arrangements actually change as well.

 

THEN,

regarding the child's tax return: If the child has income and files a tax return, the child must answer "yes, I can be claimed as a dependent by someone else" if they can be claimed by either parent, even if the parents don't want to claim them because they think it will result in better financial aid.  

James981
New Member

Claiming my daughter on taxes

I am the non custodial parent. I have an agreement with the other parent to allow the other parent to claim them--due to divorce.  I am not aware of a form 8332.   My former spouse never mentioned it. 

Claiming my daughter on taxes


@James981 wrote:

I am the non custodial parent. I have an agreement with the other parent to allow the other parent to claim them--due to divorce.  I am not aware of a form 8332.   My former spouse never mentioned it. 


You should review publication 501, there is a specific section titled "special rules for children of divorced or separated parents."  Also, if you are single and have been claiming head of household, you never actually qualified.  That's also in publication 501.

https://www.irs.gov/pub/irs-pdf/p501.pdf

 

Here's a copy of form 8332.

https://www.irs.gov/forms-pubs/about-form-8332

 

This is a bit of a risk for you because, as the non-custodial parent, you can't technically claim your child without the form.  If your ex decided to get nasty and file amended returns claiming the child as a dependent, you can't tell the IRS "but we had a verbal agreement" or even "but it was in our custody papers."  If there's no form 8332, it doesn't count, as far as the IRS is concerned.

 

Your ex doesn't need to tell you about form 8332, you need to get the form from your ex, since you are the non-custodial parent who requires it and you are the one at risk if you don't get it.  

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