Question

If I have my son on my return, but he is not being claimed for the year because his other parent is claiming him, will that cause problems for the parent to claim them?

Forum|Forum|5 years ago
February 17, 2021
1 reply
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He's on my return, but not as a qualifying dependent. Will that hender his other parent from filing him period, or would it just stop him from filing online?

TurboTax Deluxe Online

X

xmasbaby0

Employee

Why is he on your return?

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 17.

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.**

C

curag26Author

We switch on and off every year per our custodial agreement. He is on my return, but not as a qualifying dependent. His dad is trying to file him but it's saying our son has been filed already. I'm trying to make sure it is not identity theft for my son and it could be something I did wrong by keeping him on my taxes, although he is not a qualifying dependent for this year.