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KSCHE
Returning Member

Joint Custody and 1095-A

Hi. 

I share 50/50 custody with my child’s father. My husband and I carry the insurance for our family and the child that I share with my ex. We have our health plan through The Marketplace, the affordable care act. So we received a 1095-A form and used it to file our taxes for 2021. We did not claim my child as a dependent for the 2021 year as it was my ex’s year to claim our child. My ex is telling me that in order to claim our child on his taxes, he needs our 1095-A form. It doesn’t have his name on it and shows that we paid for the medical insurance for the 2021 year. So not sure why he would need that documentation that is our record to keep? I haven’t ever provided it to him before. Please advise, thank you. 

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2 Replies

Joint Custody and 1095-A

It makes sense that if he is claiming your child this year, he needs to show that this dependent had insurance. If he cannot show that all dependents he is claiming had insurance he will have to pay a penalty. So send him the form. It won't impact your taxes because you are not calming the child as a dependent this year.

ColeenD3
Expert Alumni

Joint Custody and 1095-A

He needs to include the 1095-A on his return, since his dependent is on the form. Amounts must be prorated on the two returns and the total must add up to 100%. If you claimed the entire amount from the 1095-A on your return, he claims zero % on his return.

 

You can indicate that you shared the policy and prorate.  You can decide the proration amounts between you but the pro-rations must add up to 100%. You can also click on the blue link.  What percentage of the following policy amounts do you want to claim on your tax return?

 

Child/Children on another tax return

If you share a policy with someone who is claimed on another tax return (usually a child), you can take the number of people on your tax return who are covered on that plan and divide it by the total number of people on the plan. This would be your percentage of premiums, SLCSP and advanced payment of the premium tax credit, unless you agreed on a different number beforehand.

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