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romona96
New Member

Can my son dad claim him on his taxes if i dont? Will he get a increase on his return? we dont live together.

 
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2 Replies

Can my son dad claim him on his taxes if i dont? Will he get a increase on his return? we dont live together.

If your son lives with you then you have to give his father a signed form 8332 which gives him permission to claim him. Assuming the child lives with you, even though the father claims him, you can get earned income and child care credit and file as head of household if you otherwise qualify for those tax benefits. 

Hal_Al
Level 15

Can my son dad claim him on his taxes if i dont? Will he get a increase on his return? we dont live together.

"Will he get a increase on his return?" Yes, most likely, if he works.  He may or may not get more than you would get. You may want to do test returns to see which you  come out best, overall.  This tool may be useful: https://turbotax.intuit.com/tax-tools/calculators/taxcaster/?s=1.

As already mentioned,  there is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the dependency to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

Ref: https://www.irs.gov/publications/p17#en_US_2017_publink1000170897

Scroll down to "Children of divorced or separated parents (or parents who live apart)"

You can if you are the custodial parent.  The custodial  parent is (the parent the child lived with for more than 183 days in 2016.

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