Can i claim my daughter if her father has her on his health insurance through the market place

[sissy_2006_42]

My daughter lives with me full time. Her father and I were never married and we had an agreement that he will get health insurance and because his job does not offer it he went through the market place. When I file my taxes I claim her cause she is with me all but 20 days out of the year. How will that work if he pays for health insurance and his income is MUCH lower then mine so he gets a high  subsidy.  Am I going to be penalized and have to pay that part back for her part of the insurance when I claim her on my taxes. Or is he going to have to claim her on his when all he pays is the insurance and nothing else for her over the year. 

[DoninGA · Accepted solution]

Whomever pays for the child's health insurance in not relevant when claiming the child as a dependent.

Since the child lives in your home for over one-half of the year and the child did not provide over one-half of their own support then you can claim her as a dependent under the Qualifying Child rules if she meets all requirements under the rule.

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.
3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.
4. The child must not have provided more than half of his or her own support for the year.
5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.
6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.
7. The child must be younger than you unless disabled.