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New Member
posted Jan 25, 2024 9:53:25 PM

I am not claiming my child as a dependent this year the other parent is but Turbo Tax says I am still receiving the child tax credit which is incorrect.

How do I remove this credit? My federal taxes seem fine it's just my state taxes that keep giving me the child tax credit even though I am not claiming my child as a dependent.

0 2 911
2 Replies
Expert Alumni
Jan 26, 2024 6:10:21 AM

You need to edit the Personal Info section you will see when you log into your TurboTax program. Work through that section until you see the part for your child. In that section, you will see a screen that ask questions regarding who is claiming your child as a dependent. You need to indicate that the other parent is claiming your child as their dependent.

Level 15
Jan 26, 2024 6:19:56 AM

Do you and the other parent live together or is this a divorce/separated parents situation?

 

 If you and the other parent live together, only one of you can claim the child for any tax benefit. The TurboTax interview is confusing (it's designed for divorced parents, who are allowed to split the child). The second parent should not enter the child, at all.

 

If this is a separated parents case, it may be the Earned Income Credit, you're seeing, not the Child Tax Credit.

 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.

 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.  The custodial  parent is the parent the child lived with for more than 183 nights in 2023.