i forfeited m,y right to claim my child as a dependant; I still received the claim money for him.

[94chrissymyers]

I had an agreement with my partner that he would claim our son on his taxes. I forfeited my right on Turbo Tax. For some reason our son was placed as a dependant on my account even tho I forfeited my right. How did this happen?

[macuser_22]

There are laws that determine whom can claim that agreements cannot override.

Is your "partner" the child's other parent?

If yes, then have you and the other parent been separated and lived apart for the last 6 months of 2019?

[94chrissymyers]

@macuser_22 Yes he's the other parent, and we have lived together most of 2019. Just two months shy.

[macuser_22]

If you both live with the child, you can agree who claims the child and all the benefits. The child can only be on one return and not on the other at all. The benefits cannot be split.

The dependent interview is confusing since it asks about custody without really explaining what that means. That can lead you to answer the questions in a manner that gives credits to both parents when they both live with the child which is not allowed. The child can only be on one parents tax return and not on the other at all.

*Only* divorced or separated parents that have lived apart for the last 6 months of the year can have a *custody* agreement. The parent that physically lived with the child is the custodial parent and the parent that did not live with the child the non-custodial parent. Under those circumstances the custodial parent can release the child's exempt to the non-custodial parent who did not live with the child with a 8332 form (which is a custody agreement).

When *both* parents live with the child, no such custody agreement can exist since both parents have equal custody and there is no non-custodial parent. The dependent and all the benefits can only be claimed by one parent.

The child should be totally removed from the spouse that is not claiming.