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I provide my child's health insurance through my employer. If their father claims them on his taxes does he have to pay the health insurance pentalty?

We have never been married, we have our child equal nights in the year and split all responsibilities 50/50. I also have a higher AGI. I believe this would make me the custodial parent. But if he were still to claim my child would he receive the pentalty since he is not the one providing the health insurance?

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Level 7

I provide my child's health insurance through my employer. If their father claims them on his taxes does he have to pay the health insurance pentalty?

He would be responsible for the penalty because he is claiming them as dependents, but since they had health coverage through your work, the penalty does not apply. It does not matter who provided the insurance, just that they had it.
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