why does my son not qualify as my dependent?

[Bradley-Gerard]

m,y wife and i are legally seperated and I am claiming my son, why does it say he does not qualify as my dependent?

[xmasbaby0]

Who has physical custody?  

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.  If the child is 17 or older the non-custodial parent gets the $500 credit for other dependents.

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

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.

[xmasbaby0 · Accepted solution]

If you are the custodial parent then you might have answered a question in MY INFO incorrectly.

  Go back to MY INFO, click the child’s name  and go through all of the interview questions carefully and slowly.  Read every screen top to bottom.

Make sure you have entered your child as a dependent in My Info, and that you have entered the child's Social Security number.    Careful— do not say that your child’s SSN is not valid for employment.  If your child was born in 2025 make sure you said he lived with you the whole year.  There is an oddly worded question that asks if the child paid over half their own support.  Say NO to that question.