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Nondependent - for EIC/dependent care only. I answered the questions and this came up. if I use this then he will not be able to use the children?

 
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6 Replies

Nondependent - for EIC/dependent care only. I answered the questions and this came up. if I use this then he will not be able to use the children?

That came up because you stated in the dependent section that you have a custodial agreement and the other parent is claiming this year.  If that is not the case, return to the personal information -> dependent section and delete the dependent and then re-enter and carefully read the questions.

The custodial agreement question *only* pertains to divorced or separated parents that live apart.  Married or unmarried parents that both live with the child must answer "no" to the question.   Only one parent can claim the child and all the benefits.  Only separated parents can have a custodial agreement.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Nondependent - for EIC/dependent care only. I answered the questions and this came up. if I use this then he will not be able to use the children?

I thing that I misread your question.  If by "he" do you mean that you *are* separated and you are the custodial parent releasing the child to the non-custodial parent?

If that is the case then he can *only* claim the child's exemption (dependent) and the child tax credit.  ONLY the custodian parent where the child physically lived more than half the year can claim the EIC and Child Care Credits o and possible Head of Household filing status if otherwise qualified.

You do not need to change anything since that is what is supposed to happen in that situation.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Nondependent - for EIC/dependent care only. I answered the questions and this came up. if I use this then he will not be able to use the children?

mother in divorce papers says claim on taxes. going through the question. yes to having a agreement. yes to the other parent is the one to claim them. but it says  Nondependent - for EIC/dependent care only and shows that i will receive funds. Just want to make sure im not doing something wrong if i file  my taxes

Nondependent - for EIC/dependent care only. I answered the questions and this came up. if I use this then he will not be able to use the children?


@bravesfan18 wrote:

mother in divorce papers says claim on taxes. going through the question. yes to having a agreement. yes to the other parent is the one to claim them. but it says  Nondependent - for EIC/dependent care only and shows that i will receive funds. Just want to make sure im not doing something wrong if i file  my taxes


Both EIC and dependent care *require* that the parent claiming those physically lived with the child more than half the year.  Those credits cannot be transferred to the non-custodial parent with a custody agreement - only the dependent credit and child tax credit can be.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
MaryK4
Employee Tax Expert

Nondependent - for EIC/dependent care only. I answered the questions and this came up. if I use this then he will not be able to use the children?

If you are the custodial parent (the one they live with more), you can claim the Earned Income Tax Credit if you qualify-- if you are NOT the custodial parent, you will either want to correct the question on how many months they lived with you or you can just delete them from your return. @bravesfan18

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Nondependent - for EIC/dependent care only. I answered the questions and this came up. if I use this then he will not be able to use the children?

If I add up the days I had them  it comes out to almost 8 months. Lived with ex from Jan to may and separated the rest of the year. Agreement says she claims them. Was just answering the question honestly  as I could

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