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Bailey3
New Member

I did not list my 2nd Daughter as a dependent on my taxes because my ex was going to claim her. Now he is filing his taxes saying that it is showing her as claimed?

 
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Hal_Al
Level 15

I did not list my 2nd Daughter as a dependent on my taxes because my ex was going to claim her. Now he is filing his taxes saying that it is showing her as claimed?

The rules for divorced and separated parents are a little tricky. It may not be that you claimed something you should not have, but he is trying to claim something he is not allowed.

 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 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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