When filing for the child tax credit does that accept me from filing her as a dependent?

[psmart87]

So I claimed my daughter for the year of 2019 and I'm trying to claim her this year but I'm unsure if it's going to be a problem when her dad got the child tax credit through the stimulus thing? As far as I know he got them but I'm not trying to get that I'm just trying to simply use her as a dependent as I have already so I'm just so confused this is so frustrating? That's more to that story but I don't feel like writing all detail..

[xmasbaby0]

Which one of you is the custodial parent?  Who does she live with?   And did you have income earned from working?

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. 

And without your details it is difficult to answer you.

If you claimed your child on a 2020 tax return then you should receive the stimulus payments for claiming her and the child tax credit monthly payments.   or....if you file a 2021 tax return and claim her you can get the 3rd stimulus payment for claiming her and the CTC.

If you do not receive the monthly payments  during 2021 you will be able to get the CTC on your 2021 tax return if you claim your child on that return.

https://www.irs.gov/credits-deductions/2021-child-tax-credit-and-advance-child-tax-credit-payments-t...

[psmart87]

We had an agreement but I am the custodial parent we live together but I am the main one who provides and works he is a stay-at-home dad and does not work and who is disabled trying to get his social security going so for the past 5 years 6 maybe now I've been the one providing so I was okay with him getting the childcare tax credit for kids or under 17 but I didn't know or wasn't aware of the info that you just told me as far as if there's two staying together then only one can so does that mean that only he can claim her and I can't know oh my gosh I'm so confused please write back ASAP.

[xmasbaby0]

You mention your 2019 return.   Have either of you filed a 2020 return yet?   I hope not---because YOU are the one who should be filing and claiming your child.

Since all of you live together then only one of you can claim the child on a tax return.   If you are the one with an income then it should be you.   If your BF does not have any income over $4300 (not counting Social Security) then you could even claim him as your dependent if he lived with you for the whole year.  You should be filing as Head of Household to claim your daughter and get the child-related credits for claiming her.  

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

If you qualify as Head of Household, when you enter your filing status (single or married filing separately) into My Info, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent  

If your BF claimed her---and has no income at all-- then he should amend his tax return to remove her as a dependent.

If he claimed her already on a 2020 return you will not be able to e-file a 2020 return.   You will have to print, sign and mail your 2020 return that claims your child.  You should go to the recovery rebate credit section in Federal Review for the 1st and 2nd stimulus payments for claiming your child if you did not get them yet.

The stimulus check is an advance on a credit you can receive on your 2020 tax return.  If something went wrong or you did not get the stimulus check in 2020, you can get it when you file your 2020 return in early 2021

The Recovery Rebate Credit will be found in the FEDERAL REVIEW section. ( you should see "Let's make sure you got the right stimulus amount”)  If you are eligible it will end up on line 30 of your 2020 Form 1040.

Make sure that you enter ALL of the stimulus money received for the 1st and 2nd stimulus for yourself, your spouse and your children.

https://www.irs.gov/newsroom/economic-impact-payment-information-center-topic-j-reconciling-on-your-...

https://ttlc.intuit.com/questions/1901539-how-do-i-preview-my-turbotax-online-return-before-filing

Click on Tax Tools on the left side of the screen. Click on Tools. Click on View Tax Summary. Click on Preview my 1040 on the left side of the screen.