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Level 2
posted Oct 26, 2022 9:10:38 AM

I have an 11 yr old daughter not living with me ...

...she only visits from time to time. I pay for travel round trip twice to pick her up and to stay with me for days at a time then take her back to her mother's place.   I pay out 17% of my pay semi-monthly approx $600 per month. Do I receive anything back from the IRS ? I don't have full or partial custody ?  2nd question: If I were to receive partial custody am I allowed any deductions as well from the scenerio described previously ?

Thank you.  

[email address removed]

1 9 1018
1 Best answer
Employee Tax Expert
Oct 26, 2022 9:34:37 AM

Hi @jcas ,

Although you are providing financial support for the child's benefit, you will likely be unable to claim your child as dependents on your taxes if you are a non-custodial parent.

 

The child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year. However, the non-custodial parent can claim the child if:

  1. The custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent or a substantially similar statement, and
  2. The noncustodial parent attaches the Form 8332 or a similar statement to his or her return.

This will allow you to claim the child as a dependent and to qualify for the child tax credit or credit for other dependents.

However, you (non-custodial parent) may not claim the child to qualify for:

-  Head of household status

-  Earned income credit

-  Child and dependent care

-  Health coverage tax credit

 

For more information you can visit the IRS website: Claiming a child as a dependent when parents are divorced, separated or live apart.

 

 

 

9 Replies
Level 15
Oct 26, 2022 9:14:23 AM

No.   Only the custodial parent can claim the child as a dependent.   If that parent signs a form 8332 that allows you to claim the child on your tax return you can get ONLY the child tax credit.   You cannot file as head of household, get earned income credit or the childcare credit by claiming that child.  And again---you only get the child tax credit if there is a signed 8332 --signed by the other parent.

 

There is no place on a tax return to enter child support you paid or plane fare you paid for.   Those are not deductible.

 

 

Level 15
Oct 26, 2022 9:14:41 AM

Since you are not the custodial parent there are no child tax deductions or credits you can claim on your tax return.

Additionally, child support payments are never deductible on a tax return.

Employee Tax Expert
Oct 26, 2022 9:34:37 AM

Hi @jcas ,

Although you are providing financial support for the child's benefit, you will likely be unable to claim your child as dependents on your taxes if you are a non-custodial parent.

 

The child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year. However, the non-custodial parent can claim the child if:

  1. The custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent or a substantially similar statement, and
  2. The noncustodial parent attaches the Form 8332 or a similar statement to his or her return.

This will allow you to claim the child as a dependent and to qualify for the child tax credit or credit for other dependents.

However, you (non-custodial parent) may not claim the child to qualify for:

-  Head of household status

-  Earned income credit

-  Child and dependent care

-  Health coverage tax credit

 

For more information you can visit the IRS website: Claiming a child as a dependent when parents are divorced, separated or live apart.

 

 

 

Moderator
Oct 26, 2022 11:59:29 AM

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Level 2
Oct 26, 2022 12:06:24 PM

Thank you very much for your detailed explanation and answer.  It's well appreciated.

Now the hard part is getting the mother to file the 8332 form ! 😕

Level 2
Oct 26, 2022 12:10:56 PM

Thank you for that detailed explanation and answer.  Now the hard part is getting the mother to file the 8332 form for me. Easier said than done ! 😕

Level 2
Oct 26, 2022 12:15:46 PM

Thank you for your answer.

I'll keep that in mind.  I also heard about a 8332 Form that can be filed by the custodial mother on my behalf so I can receive a credit.

Have a great day.

Level 2
Oct 26, 2022 1:02:03 PM

Hello GabyC-EA, 

Thank you for your detailed answer again.  I have another question for you : Can I claim the 'Health coverage tax credit ' if I alone provide 100% of my daughter's health coverage  through my individual health plan ?

Expert Alumni
Jan 20, 2024 10:53:07 AM

As stated above by, GabyC-EA, filing form 8332 will allow you to claim the child as a dependent and to qualify for the child tax credit or credit for other dependents.

 

However, you (non-custodial parent) may not claim the child to qualify for:

-  Head of household status

-  Earned income credit

-  Child and dependent care

-  Health coverage tax credit

 

For more information, click on this IRS website: Claiming a child as a dependent when parents are divorced, separated or live apart.

 

@jcas