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joshjipping
New Member

Can the non custodial parents' boyfriend claim my child on his tax return?

It is the non custodial parents' year to claim our child but she is not filing a tax return and told me to claim her, she is now saying that her live in boyfriend can get a deduction and that i can not claim my child.
1 Best answer

Accepted Solutions
Hal_Al
Level 15

Can the non custodial parents' boyfriend claim my child on his tax return?

No; absolutely not.

An unrelated person can only claim a child (or any other unrelated person) that lived with him ALL year. Even then, the child may qualify as a dependent, but because he is not related, he cannot be a qualifying child for the earned income credit, child tax credit or Head of Household filing status. 

Furthermore it is not the non-custodial parent's choice. The custodial parent (the IRS goes by physical custody, not legal custody) has first priority on claiming the children on her/his taxes; regardless of the amount of support provided by the non-custodial parent. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on IRS form 8332) or if it's spelled out in a pre 2009 divorce decree. Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf

_____________________________________________________________________________________________________________

You should be aware of one other thing, for those years when the non-custodial parent is able to claim the child.

 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 exemption 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.  

View solution in original post

1 Reply
Hal_Al
Level 15

Can the non custodial parents' boyfriend claim my child on his tax return?

No; absolutely not.

An unrelated person can only claim a child (or any other unrelated person) that lived with him ALL year. Even then, the child may qualify as a dependent, but because he is not related, he cannot be a qualifying child for the earned income credit, child tax credit or Head of Household filing status. 

Furthermore it is not the non-custodial parent's choice. The custodial parent (the IRS goes by physical custody, not legal custody) has first priority on claiming the children on her/his taxes; regardless of the amount of support provided by the non-custodial parent. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on IRS form 8332) or if it's spelled out in a pre 2009 divorce decree. Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf

_____________________________________________________________________________________________________________

You should be aware of one other thing, for those years when the non-custodial parent is able to claim the child.

 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 exemption 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.  

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