Can sole custody parent Claim dependent
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haddadm84
Returning Member

Can sole custody parent Claim dependent

1- Iam legally divorced from October 2020 and I have sole custody physical and legal, Can I claim my daughter as dependent and when TurboTax ask me if I have an agreement with my daughters other parent to claim her as dependent includes divorce decree 

does my divorce decree considered as an agreement to claim my daughter since I have sole custody 

2- I was on Medicaid Health plan all the 2020 year and I don’t have 1095-A form the only one is 1095-B so what should I do?

3 Replies
xmasbaby0
Level 15

Can sole custody parent Claim dependent

You need to look at your papers and see if you were required to sign a Form 8332---that is the agreement the software is asking you about.   

 

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

 

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

 

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

 

 

 

 

If you do not have a 1095A then you answer no the question about it and move on.   You do not enter a 1095B or 1095C.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
haddadm84
Returning Member

Can sole custody parent Claim dependent

Thank you 

What paper do  I have to look for ?

Iam the custodial parent and I didn’t have agreement with other parent to claim her on tax and I didn’t sign form 8332 we live apart and I have sole custody and the other parent only supervised visit 

xmasbaby0
Level 15

Can sole custody parent Claim dependent

If you did not sign a form 8332 then you are the custodial parent and you can answer no to the question about an agreement.  That means the other parent cannot enter anything about the child on their tax return this year--only you can claim the child as a dependent for 2020.  If you need further clarification about what is in your divorce papers you need to ask the attorney.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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