Question

Child care credit

Forum|Forum|5 years ago
January 30, 2021
1 reply
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Child support

TurboTax Live Deluxe Online

Employee

What are you asking about? This is not live char---we need a complete question, Child support is not entered on a tax return---it is not deductible.

The custodial parent can claim the child care credit.

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Hal_Al

Employee

Child support is not entered on a tax return---it is not deductible for the person paying it and it is not income for the parent receiving it.

NY state allows an Eic credit based on child support. That will come up in the NY state interview.

The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The IRS goes by physical custody, not legal custody. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.

Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf

If the custodial parent does release the child's dependency to the non custodial parent, the non custodial parent can claim the Child tax credit but not the Earned Income Credit.