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Can I claim my daughter if her mother receives disability

 
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2 Replies

Can I claim my daughter if her mother receives disability

TOO vague a question to answer ... are you married to the mother ?    Do you live with the child more than 1/2 of the year ?  

DanielV01
Expert Alumni

Can I claim my daughter if her mother receives disability

It depends.  

 

If you lived with the child for at least 6 months and 1 day, then, yes, you may claim the child as your qualifying child.  If you are married to the mother, you must either file as Married Filing Joint or Married Filing Separate and then claim the child.

 

If you did not live with the child for at least 6 months and 1 day, then you may still be able to claim your child as a qualifying child for the Child Tax Credit only (and Additional Child Tax Credit) if the Child's Mother will provide you with Form 8332 giving you the authorization to do so.  If she has little or no taxable (earned) income, she may be willing to cooperate as she may have nothing personal to gain from claiming her.

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