can both parents claim child

  • Are you married? Do you live together or are your separated?
  • While two persons cannot both claim the dependency exemption for the same child, there are circumstances where the tax benefits for the child can be split between two parents. If you provide more details of your situation, we can give you a better answer.
  • we live together boyfriend and girlfriend
  • in the mediation papers the father can claim him for earn income so can i claim without
  • we are seperated.
  • See mac_user22 answer below.
Under no circumstances can two parents claim an exemption on the same child on separate returns.
For parents of a child who are living together but are not married, only one parent can claim the child for all of the tax benefits. You can agree on who claims the child. If you can't agree and both try to claim the child, the IRS will use certain tie breaking rules to determine who can claim the child.

 If both of you are using the standard deduction (not itemizing deductions), it might be better for the one who paid more than half the cost of keeping up the home to claim the child as a dependent in order to qualify for head of household filing status. It's not possible to say for sure who should claim the child without knowing details of both your tax situations.
    If your lived together all year with your child and both earned more than $3800, you can choose which of you claims the child, but it can't be both.  If the one that claims the child also pays the majority of the costs of supporting the household, they could also use Head of Household filing status.  On the other hand, the lower earner claiming the child may produce a larger Earned Income Credit.  S try it both ways.
      in our mediation papers the father claim him for earn income can i still clam him as a dependent without claiming for earn income because the child lived with me for 9 months then every other week
      • It does not matter what the papers say.  Federal tax law does not allow that.  You cannot agree to break federal tax law, even if a local judge thinks you can.

        ONLY the parent where the child lived more than 1/2 the year can claim the EIC.  Filing a tax return claiming EIC when the child did not physically live with the parent for MORE than 1/2 the year would be a fraudulent tax return.

        The test that the IRS uses to determine the custodial parent is where the child lived for more than 1/2 (or greater part) of the year. The IRS will go so far as to require counting the nights spend in each household - that person is the custodial parent for tax purposes (if exactly equal and more than 183 days - The custodial parent is the parent with the highest AGI, if less than 184 days then neither parent has custody). And yes they are that picky.

        Only the Custodial parent can claim:
        -Head of Household,
        -Earned Income Credit,
        -Child Care Credit

        The non custodial parent can only claim:
        -The Exemption and
        -Child Tax Credit,

        But only if specifically specified in a pre-2009 divorce decree, separation agreement or the custodial spouse releases the exemption with a signed 8332 form - after 2009 the IRS only accepts a signed 8332 form that must be attached to the non-custodial parents tax return.
      • does this also apply if i accidently put child lived with me 12 mo.
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