Question

My daughter claiming my son (with my permission), BUT dad is allowed to claim on odd years. HELP..

Forum|Forum|6 years ago
February 15, 2020
1 reply
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My son (14) has been living with my daughter this last year (she is battling cancer) we live close enough that he lives with her to help her in her daily needs. I am allowing her to claim him on her taxes since she has supported him all year. His father and I (divorced) have the agreement on Dad claiming him on the ODD years for Child Tax Credit only (NOT EIC).. I was helping my daughter file her taxes and it never ask on my son the question "Does the other parent have permission to claim him" .. so I don't know if he is being grouped in on the CTC that dad is supposed to be claiming for Tax year 2019 .. Help how do I find this out and fix it if it's wrong.

macuser_22

Employee

Unless your son physically lived with either you or the father *more* than half of 2019 then neither you or the father can claim the son any of the tax benefits. If your son physically lived with your daughter more than half of 2019 then she is the *only* one who can claim he son and all the benefits.

A divorce decree or agreement does not apply to anyone other than you and you cannot release the dependent to the other parent if the child did not live with you the required time.

This answer assumes that the son is under age 18 (or under age 24 if a full time student). If over that age then other rules apply.

She should not get the "other parent" question because she is the sister, not a parent. She should enter the child as "another person" and select brother on the drop-down menu.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**