I received the child tax monthly installments that the government was getting out for two kids my kids father now wants to claim 1 of the kids will that hold up my return

[lisawever4]

I have two children that I received the advanced tax payments for he only wants to claim one but I am afraid that that will hold up my refund and I will have to pay the portion for the one kid back I’m not sure what to do don’t want to do anything to hold up my return definitely not trying to go against the IRS either heard whoever got the payments must file for both of them

[Hal_Al]

You refund will not be delayed and you will not, most likely, have to pay anything back.  What  the other parent wants to do is allowed. What you heard is not true.

For Advance CTC repayment protection info, see:  https://www.irs.gov/credits-deductions/2021-child-tax-credit-and-advance-child-tax-credit-payments-t...

[xmasbaby0]

You have to enter the amount you received for the advance child tax credit payments.  It is on your IRS letter 6419.   If you do not claim those children on your 2021 tax return you may have to pay some of it back--depending on your income,

You say the father "wants" to claim one child.   Who did the children live with?   Are you the custodial parent?  Do you have a signed agreement with him as to who claims the children?

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.

As for whether you have to pay it back if you do not claim the child:

TurboTax calculates the Repayment Protection.  This determines if a person is required to repay the advance CTC.

What is Repayment Protection?

Repayment protection is an income-based program that reduces the amount of excess advance Child Tax Credit payments you have to repay.

Full repayment protection equals $2,000, multiplied by the following:

• The number of qualifying children that the IRS took into account when estimating your advance Child Tax Credit payments, minus
• The number of qualifying children you’re claiming on your 2021 tax return.

To be eligible for full repayment protection, your adjusted gross income (AGI) for the 2021 tax year must be at or below the following:

• $60,000 if you are married and filing a joint return or if filing as a qualifying widow or widower;
• $50,000 if you are filing as head of household; and
• $40,000 if you are a single filer or you are married and filing a separate return. 

 You won’t qualify for any repayment protection if your modified AGI is at or above the amounts listed below based on the filing status on your 2021 tax return.

• $120,000 if you are married and filing a joint return or if filing as a qualifying widow or widower;
• $100,000 if you are filing as head of household; and
• $80,000 if you are a single filer or are married and filing a separate return.

For information on the definition of modified AGI, see Topic C: Calculation of the 2021 Child Tax Credit. 

[DanaB27]

No, it will not hold up your return if you only claim one child but have received the advance payments for the Child Tax Credit for two children.

No, it isn't true that the person that received the advance payments has to claim the child on their 2021 tax return.

Please make sure, you enter the amount received from letter 6419:

1. Login to your TurboTax Account 
2. Click on the "Search" on the top and type "Child tax credit"
3. Click on “Jump to Child Tax Credit”
4. Continue through the questions until the "Tell us about any advance Child Tax Credit payments" screen and enter the advance payment amount from letter 6914.
5. Continue through the questions.

You will have to pay back the advanced payments unless you qualify for the full repayment protection:

"You qualify for full repayment protection and won’t need to repay any excess amount of your advance Child Tax Credit payments if your main home was in the United States for more than half of 2021 and your modified adjusted gross income (AGI) for 2021 is at or below the following amount based on the filing status on your 2021 tax return:

• $60,000 if you are married and filing a joint return or if filing as a qualifying widow or widower;
• $50,000 if you are filing as head of household; and
• $40,000 if you are a single filer or are married and filing a separate return." (IRS)

If you are eligible for forgiveness of advanced child tax credit payments, it should show up on Form 8812. 

There also will not be an amount on Line 19 of Schedule 2.

To preview your Form 1040/ Schedule 2:

1. Click on "Tax Tools" in the left menu
2. Click "Tools"
3. Click "View Tax Summary" in the Tool Center window
4. Click on "Preview my 1040" on the left
5. Scroll down until you see Schedule 2 Additional Taxes. Line 19 Additional Tax from Schedule 8812 will have an amount if the full amount is not forgiven. If you do not see an amount in line 19 Schedule 2, then your advanced child tax credit payments have been forgiven.