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My child's father is claiming him we aren't married but live together I entered my son's info which was noted as non-dependent, then I qualified for eitc for my child

 
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4 Replies
Phillip1
New Member

My child's father is claiming him we aren't married but live together I entered my son's info which was noted as non-dependent, then I qualified for eitc for my child

Without looking at your return, it sounds like the program is treating you as the custodial parent that has released your child's exemption to the noncustodial parent.

Since your child’s father lives with you and the child, he is technically entitled to claim all of the child benefits on his return (child tax credit, the exemption, earned income credit, head of household, and child and dependent care credit). Legally, he is entitled to all of the tax benefits if the he lived with you and the child for more than half of the year.

You can find more information on this topic in IRS publication 501 by clicking here.

However, if you have decided to try and split the child tax benefits between you by treating one of you as a noncustodial parent (the parent that was with the child for less than half of the year) who has received a release from the custodial parent to claim the exemption (a signed form 8332 would required from whichever parent has legal custody) you need to know how the law divides the child tax benefits between two parents.

The parent that is claiming the child (the noncustodial parent) is allowed to claim the exemption, and the child tax credit.

The parent that is not claiming the child (the custodial parent, with whom the child spent the majority of the year) is allowed to claim head of household filing status, the earned income credit, and and child and dependent care credit.

My child's father is claiming him we aren't married but live together I entered my son's info which was noted as non-dependent, then I qualified for eitc for my child

Thanks that was helpful, so basically what I must do in order to avoid this would be to completely take my son off of my tax return? When filling out the questions it clearly stated that my son didn't qualify as a dependent, as I did not claim him, and then I was given the eitc for qualifying child. It seems strange that there's no way around this, I feel I should be able to document my son as a non-dependent without these troubles.
Phillip1
New Member

My child's father is claiming him we aren't married but live together I entered my son's info which was noted as non-dependent, then I qualified for eitc for my child

Taking him off your return would take care of the problem.

My child's father is claiming him we aren't married but live together I entered my son's info which was noted as non-dependent, then I qualified for eitc for my child

Thanks for the help!

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