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Dependents

I have 2 children and their mother refuses to cooperate and has been claiming them for a few years. They live with her and visit me as much as possible. There are no court agreements. I pay for a lot of their expenses also. Since I can’t claim them is there any of the tax credits I can claim on my 1040?

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Accepted Solutions
DawnC
Employee Tax Expert
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Dependents

Unfortunately, no.  The custodial parent has the right to claim the child(ren) and claim all of the associated tax credits.  There is one exception to the residence requirement that allows the non-custodial parent to claim their child as a dependent. The non-custodial parent can claim the child as a dependent if the custodial parent agrees not to on their own tax return. However, you must obtain a signed IRS Form 8332 or similar written document from the custodial parent allowing you to do so. Parents who have joint custody may also use this form to alternate the tax years in which each can claim the dependent.    Non-custodial parents.  

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1 Reply
DawnC
Employee Tax Expert
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Dependents

Unfortunately, no.  The custodial parent has the right to claim the child(ren) and claim all of the associated tax credits.  There is one exception to the residence requirement that allows the non-custodial parent to claim their child as a dependent. The non-custodial parent can claim the child as a dependent if the custodial parent agrees not to on their own tax return. However, you must obtain a signed IRS Form 8332 or similar written document from the custodial parent allowing you to do so. Parents who have joint custody may also use this form to alternate the tax years in which each can claim the dependent.    Non-custodial parents.  

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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