What happens if both parents (not together) claim the same child?

[84mlocke]

My son has lived with me this whole year. I have his school records to prove it. I plan on claiming him on my taxes. His mother is evil (did not give any support all year), and she might try to claim him as well. What happens if both of us claim him as a dependent?

[bluedeb · Accepted solution]

If you have the right to claim a dependent claimed by someone else, then you must print and mail your return if you are not the first one that files. The first one that files with your child will be able to e-file.  The second return will be rejected and must be mailed in.

• The IRS will process your return and pay your refund if you are entitled to one.
• Later, they will contact you and the other taxpayer to determine who is entitled to claim the dependent. (The IRS is not allowed to tell you the identity of the other filer.)
• The taxpayer who incorrectly claimed the dependent will be assessed any additional taxes and penalties, and required to file an amended return

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What if somebody already claimed my dependent?

https://ttlc.intuit.com/replies/3299938

[Hal_Al]

There is a way to split the tax benefits. For future negotiations with the other parent (and maybe even for this year) the following info may be of use:

 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.
Ref: <a rel="nofollow" target="_blank" href="http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897">http://www.irs.gov/publi...>