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olsonhart
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Do i still put my kids on my return if i cant claim them as dependents?

 
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2 Replies

Do i still put my kids on my return if i cant claim them as dependents?

If you are not the custodial parent who the kids lived with more than half the year and are not claiming the custodial parent benefits and if you are not claiming them as dependents, you should not enter them on your tax return at all.

Do i still put my kids on my return if i cant claim them as dependents?

That depends.

If you are unmarried living with the children and other parent, or you are married filing separately and the other parent is claiming the children this year, don't list them at all.  A certain amount of confusion can result because of how the interview is worded.

If you are divorced or separated and living apart from the other parent and sharing custody, and you have actual physical custody more than half the nights of the year (no matter what your court order says) then you should list the children. Only the custodial parent has the automatic right to claim the children as dependents.  If the other parent is going to claim them as dependents this year, you need to give the other parent a signed form 8332 dependent release.  Then, you list the children on your tax return and answer the questions; you have custody more than half time, the other parent is going to claim them, yes you are giving the other parent a form 8332.   You will not claim the child tax credit but you are still qualified for EIC, the dependent care credit, and head of household status, since those benefits always stay with the custodial parent and can't be waived, shared, transferred or given to the non-custodial parent.

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