EIC but not claim child

[MarilynG1]

@starangelmonkey You are correct; it takes the IRS 8-12 weeks to process an mailed Amended Return to remove a Dependent. 

Look at your Form 1040 to see if you claimed a Dependent.   If not, the other parent's Efile should not reject when he claims a Dependent and indicates that the dependent did not live with him.  

Look at Line 27 on your Form 1040 to see if you received the Earned Income Credit.   If you did not claim a Dependent and your Refund was for the EIC only, you will not have to pay back (or Amend) your return.

The Non-Custodial Parent cannot get the EIC, only the Child Tax Credit for a Dependent.  You are correctly splitting the child credits. 

Click this link for more info on Claiming a Dependent. 

[Kyliepower3691]

Did you already efile? I would have your spouse file paper and then if you need to amend you can.  That other form the 8900 something you mentioned is for parents that dont live together in which the kids lives with both parents and supported equally but they have an agreement on who can claim the child as a dependent but the other parent could get and type of eic too. It also depends on your income. 

[BDambaugh21]

I have two children that live with me, I am the custodial parent. I allowed their fathers to claim them this year. I'm trying to do my taxes and they keep getting rejected. My kids live with me well over 1/2 the year but when I put in 7 months or higher, my taxes get rejected because the IRS claims that someone else is claiming them as a dependent. TT shows no errors but the IRS rejects them. Following IRS and TT instructions, I reduced the number of months my kids lived with me to 5 months (which isn't how long they live with me each year) so that they are not showing as "dependents" but then the status changes from "nondependent - for EIC/child care dependent only" to "non-dependent" and then won't allow me to claim the child care expenses.

I have changed the months from 5 months to 6 months - no errors from TT but IRS rejects. I changed to 7 months - no errors from TT but IRS rejects. If I change back to 5 months I can't claim the child care expenses.

I'm at my wits end. I don't know how to fix this when I'm getting mixed information.

Any ideas?

Thank you

[Hal_Al]

@BDambaugh21  You're being rejected because the father has claimed something he shouldn't have (EIC, day care, and/or head of household).

You can no longer e-file but will have to mail in your return.  Tell the father he needs to amend, or you will both be getting letters from the IRS a few months from now.  You do not need to wait for him to amend.  You can paper file now.  Your return will not be delayed (other than the normal delay for paper filings)

___________________________________________________________________________________________

 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 dependency to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

Ref: https://www.irs.gov/publications/p17#en_US_2017_publink1000170897

Scroll down to "Children of divorced or separated parents (or parents who live apart)"

[BDambaugh21]

Thank you! Very helpful. I appreciate it.