My ex-husband insures my child and I claim my child as a dependent, what forms are needed with my return submission?

[user17735996238]

My taxes were rejected because I did not know my ex had enrolled my daughter in health program.  Last I knew she was covered with private insurance.   It has been a struggle for me to get the 1095 A form from him.  I printed out the 8332 form, but I am seeing another form 8692.  Who fills out the 8692?   Also by sending in the 8332 am I saying that my daughter does not live equal amount of time with me?    I'm so confused....

Thank you 

[MindyB]

The form you need to file with your return is Form 8962, which is used to calculate the Premium Tax Credit. You will both be filing a Form 8962. You will need the 1095-A from him to complete your return. Once you enter that information, the Form 8962 will be generated in TurboTax. 

Because your daughter is your dependent, the IRS  expects to see the 8962 on your return. You will need to perform a "Shared Policy Allocation". This allows you to tell the IRS that while she was on your ex-husband's policy, you are allocating a specific percentage of the premiums and tax credits to your return. If he is the one who paid for the insurance and you don't want to claim the credit yourself, you can allocate 0% to yourself, if that is how you and he agree.  Shared policies can be allocated in any percentage that you agree upon, as long as it adds up to 100%.  This information can be entered into TurboTax Online here: 1095-A

Form 8332 is specifically for the "Release/Revocation of Claim to Exemption for Child by Custodial Parent." If you are the custodial parent and you intend to claim the child as your dependent to get the Child Tax Credit, you should not be filing this form. It is ok that she is your dependent and on his health plan.

[user17735996238]

Thank you for the response.   We have 50/50 and neither pay child support.  We have an agreement in decree that I was to claim her on my taxes until he gets caught up with his taxes.  So this brings me to a couple more questions:   If he has not done his taxes and I do and the 8960 form is populated, is my return held up?   Also, I don't need to claim any of the health premiums etc. I just want to be able to claim her on my return.  When my return was rejected and I re did it without claiming her it went from a refund to me owing a couple of thousand!  This is when I discovered what he had done. 

[MindyB]

You're welcome.  No, he doesn't have to do his taxes first.  You can do yours and allocate yourself 0% of the 1095-A.  This should not cause any rejections or issues, but the IRS sometimes does take longer to review certain returns.  As long as the IRS sees that you have prepared the 8962 there will not be an automatic rejection.

You can change the return back to you claiming her as well.  Since you have an agreement, and the 8962 does not require you not to claim her, by restoring the Child Tax Credit and allocating 0% of the 1095-A, the refund should go back to what it was to begin with.

[user17735996238]

Ok, one more question.  The form 8962 is all that info poplulated from turbotax?  Also do I send in the 8332 form with his signature releasing claim for those years? 

[MindyB]

Yes, since you are going to be allocating 0% to yourself, only the Form 8962 will be populated. 

I know you mention you had 50/50 custody, but she had to have spent at least one more night at one parent's house unless it was a leap year. If she spends just one more night at your house, you are the custodial parent.  So, no 8332 is needed.  If she spent more time at his house, then yes, you can send in the 8332 with his signature.