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June 4, 2022
Question

How can I still get credits for my child if the other parent Is claiming him?

  • June 4, 2022
  • 1 reply
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I forgot that it was my dependent child's father's year to claim him. Well I tried to amend my return but it keeps getting rejected. I haven't gotten the return back because they want to verify my identity. Because of this it will make my filing status they said to single. And I'd gave to mail in my amend. Because you can't electrically file if you status changes. How can I still get the head of house hold status and get at least some credits for taking care of him all year?

1 reply

Employee
June 4, 2022

If the child lives with you, you can still file as head of household and receive any child care credit and earned income credit that you are eligible to receive even if you give the other parent permission to claim the dependency by giving them form 8332. 

Employee
June 4, 2022

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

 

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 18.

 

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

**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.**