Question

Can I claim my daughter, her father claimed her on his 2020 taxes but now he is in jail should I claim her on my 2022 taxes?

Forum|Forum|4 years ago
December 16, 2021
2 replies
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TurboTax Online

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xmasbaby0

Employee

Well----did she live with you----or have you paid for over half her support for 2021? You say "now" he is in jail---as of when? --- and where has your child been living in 2021?

IRS interview to help determine who can be claimed:

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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xmasbaby0

Employee

Oh---and it will not be your "2022 taxes"----the next tax return anyone will prepare and file will be a 2021 tax return with a filing deadline of April 15 2022. The tax return is your 2021 return.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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raynery09Author

So I will be able to claim her?

Carl11_2

Employee

The subject of your post refers to 2022 taxes. I'm confident you mean your 2021 taxes.

The fact the father was incarcerated really doesn't play into this "in a sense". What matters is if you qualify to claim the child per the "qualifying child rules" if the dependent was under the age of 19 on Dec 31 of the tax year, or a full time student in 2021 under the age of 24.

Otherwise, the "Qualifying relative dependent rules" come into play. I see above that @xmasbaby0 has already referenced the necessary websites. So I won't duplicate here.