Dependents and Child Care Tax Credit

[lg1016]

I've got two children and per my divorce decree, can claim one of them on my taxes for the Child Tax Credit. I pay for their daycare and want to claim both for the Child Care Tax Credit. When I go to add the second child on the Care Tax Credit, it adds him on as a dependent. How do I claim him for the Care Credit without claiming him as a dependent for the Child Tax Credit?

[DanaB27]

Please follow these steps to make your child a nondependent to maybe qualify to get Earned Income Credit (EIC) and/or Child Care Credit with a divorce agreement:

1. Login to your TurboTax Account 
2. Click "My Info" from the left side of your screen
3. Click “Edit” next to your dependent's name
4. Continue until "Do you have an agreement with X's other parent about who can claim him/her?"  answer "yes" and click "Continue"
5. To the question "Is child's other parent claiming child per your legal agreement?" answer "yes"

Please be aware that you can only claim the Child and Dependent Care credit for dependents that lived with you (you are the custodial parent). Please see Who is a Qualifying Person for the Child and Dependent Care Credit? for additional information.

[lg1016]

Hello,

It doesn't ask me question #5 when I say "yes" to question #4. Only says I may need to fill out a Form 8332. Do I need to do this?

[DanaB27]

Yes if your divorce was after 2009 and you’re the parent not claiming the child, you’ll need to fill out Form 8332, sign it, and give it to the other spouse so he or she can file it with their taxes.

After question 4 did you click continue to get to question 5?

For additional information: 

Form 8332 is a Release of Claim to Exemption for Child of Divorced or Separated Parents, stating that you will not claim this child as a dependent. You can designate the length of this agreement when you complete the form.

If your divorce was finalized before 2009, you can also draw up your own waiver as long as it includes the same information as the Form 8332 and is signed by the custodial parent.

[Edited 1/30/2021 | 10:30am PST]

@lg1016 

[lg1016]

My divorce was not before 2009, so I assume the form 8332 is not needed. I click the first option in question #4: "I have a custody agreement, divorce decree or other written agreement" and click continue. The next screen just says "Good news! *** Qualified you for a tax break!" It does not bring me to question #5.

[DanaB27]

If your divorce was after 2009 then you will have to fill out Form 8332.

If it shows your child still as dependent and eligible for the Child Tax Credit, then you can try to delete and renter you child and see if that helps. If not then please contact TurboTax directly for more direct support since we cannot see your return. Please see What is the TurboTax phone number?