Court order

[Stacy30]

My ex (never married) and I have a court order that he gets to claim our child every other year. Our child lives with me 95% of the year but he does pay child support. If I claim our child as my dependent, since she lives with me, will I get into trouble?

[Vanessa A]

No.  You can claim your child as a dependent on your return since she lives with you 95% of the time.  If he gets to claim your child every other year and this is his year, then as you walk through your return, you will need to answer that someone else will be claiming her this year.  When you do this TurboTax will then give you the credits you can have, but will not give you the child tax credit or other dependent credit. 

  You will also need to provide him with form 8332 so he can claim your child this year.  

When he claims her he can only claim the child tax credit.  He cannot, as the non custodial parent, claim head of household, the child and dependent care credit or the earned income credit.  Those credits and deductions stay with the custodial parent regardless of who's year it is to claim the child.