You'll need to sign in or create an account to connect with an expert.
The only parent who has the automatic right to claim a child as a dependent is the parent where the child slept more than half the nights of the year. This parent is entitled to the child tax credit, and also to file a head of household, claim EIC, and the dependent care credit. The other parent is entitled to nothing. The IRS doesn't follow agreements, and there is no such thing as 50/50 custody. You have to count the number of nights, and most years have an odd number of nights so one parent has more than half.
If the custodial parent is supposed to give the dependent to the non-custodial parent in certain years, that is done by giving the non-custodial parent a signed form 8332 dependent release. This allows the non-custodial parent to claim the child tax credit only. The ability to qualify for EIC, head of household, and the dependent care credit, always stays with the custodial parent and can't waived, shared, or transferred.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
andyb99
New Member
jackkgan
Level 6
smartonesuccessfulone
New Member
srmrhm2u
New Member
linleywheat
New Member