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I can only claim my child every other year and this not one of them so how do i file?

 
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Accepted Solutions
Hal_Al
Level 15

I can only claim my child every other year and this not one of them so how do i file?

It depends on the situation.

If you live with the other parent,  delete the child. The interview is confusing (it's designed for divorced parents). The second parent should not enter the child, at all. Also delete the child if you are the non-custodial parent.

If you are the custodial parent, you should be aware that there is a special rule in the case of divorced & separated (including never married) parents. Leave your child entered in TurboTax and go thru the interview very carefully.

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. That is, it is not optional.  For example, you cannot just let the non-custodial parent claim the EIC


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 exemption 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)"

View solution in original post

1 Reply
Hal_Al
Level 15

I can only claim my child every other year and this not one of them so how do i file?

It depends on the situation.

If you live with the other parent,  delete the child. The interview is confusing (it's designed for divorced parents). The second parent should not enter the child, at all. Also delete the child if you are the non-custodial parent.

If you are the custodial parent, you should be aware that there is a special rule in the case of divorced & separated (including never married) parents. Leave your child entered in TurboTax and go thru the interview very carefully.

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. That is, it is not optional.  For example, you cannot just let the non-custodial parent claim the EIC


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 exemption 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)"

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