Can I claim my children if they are on my Medicaid case but live with their mother?

[xmasbaby0]

The custodial parent is the one who can claim the children.  If the children live with their mother she is the custodial parent.    If you have a signed agreement on Form 8332, then you may be able to enter them on your tax return for ONLY the child tax credit.  The custodial parent---MOM--- still can file as Head of Household, get earned income credit and the childcare credit.   

[LindaS5247]

In general you can not claim your child as a dependent if they do not live with you. As you go through the My Info section in TurboTax, we'll ask a series of questions to determine if somebody qualifies as your dependent.

Children who were under 19 at the end of 2022 (24 if they attended school full time for at least part of five calendar months of the year) must have lived with you for more than half of the year to be claimed. Some limited exceptions apply, such as children who are away from home because they’re sick, attending college, serving in the military, starting a business or taking a vacation.

There are special rules for children of divorced or separated parents and for persons receiving support from two or more individuals. If you have a legal custodial agreement in place that states that their mother can claim them you can not claim them. 

You may be able to claim the child as a dependent if the custodial parent signs a Form 8332, Release of Claim to Exemption, or a form containing all of the same information listed on this form.

Certain relatives may qualify as dependents even if they don't live with you:

• Children (including legally adopted), stepchildren, foster children, or any of their descendants
• Siblings, including half and step siblings
• Parents and their direct ancestors (excluding foster parents)
• Stepparents
• Aunts and uncles, nieces and nephews
• Fathers-in-law, mothers-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law
• Any of these relationships that were established by marriage and not ended by divorce or death.

To be claimed as a dependent, your relative must also:

• Have been a U.S. citizen or resident, or a resident of Canada or Mexico for at least part of the year
• Received less than $4,400 gross income (except nontaxable Social Security benefits) in2022
• Received more than 50% of their support from you 
• Not be claimed as a dependent by another taxpayer
• Not file a joint return with another taxpayer

Click here for additional information on who you can claim as a dependent.

Click here for information on who you can claim as a dependent if they don't live with you.