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jcyearly
New Member

Hello, I’m filing my taxes. When it ask if you support another person, is that same claiming them on your taxes?

Their mother is claiming them, so I don’t want it to be like I’m claiming them as well.
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2 Replies

Hello, I’m filing my taxes. When it ask if you support another person, is that same claiming them on your taxes?

If by "support" you mean that you pay child support, you do not enter that anywhere on a tax return.   If the child is being claimed by the other parent, you do not list the child on your own tax return.  The exception would be if you and the other parent have a signed agreement on Form 8332, that allows you to claim the dependent.  Who does the child live with?  Which one of you is the custodial parent?

 

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 are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. 

**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.**
Hal_Al
Level 15

Hello, I’m filing my taxes. When it ask if you support another person, is that same claiming them on your taxes?

Q.  When it ask if you support another person, is that same claiming them on your taxes?

A. No. But, it is the first step/question in the TurboTax (TT) interview toward claiming them. 

 

Whether TT lets you claim them, depends on your answers to the additional questions.  As others have said, if you and the mother are unmarried and live together, answer that question no, if the mother is claiming them. 

 

 If you are not living together, 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 dependency to him.

 

 

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