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What if the non custodial parent got Obamacare for a child they have no right to claim on taxes?

Forum|Forum|7 years ago
June 1, 2019
16 replies
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When my husband and I filed our taxes for 2017 we claimed my son. We later found out my son's father (non custodial parent) got Obamacare on my son. My husband and I had no idea he had done this. Well we are now being held responsible for paying for this insurance. Why is it our responsibility to pay when we did not do this?

Best answer by Critter

Ok ... lets try this again from the beginning... if the dependent you claim has insurance on a form 1095-A then you MUST have the 1095-A to enter on your tax return which produces a form 8962 and on that form you will allocate ZERO of the advance health insurance tax credit on your return and the other parent can take 100% of the credit.

That is all the IRS wants to see ... the form 1095-A & the form 8962 ... so get a copy from the other parent so you can comply with the IRS request.

If you have received a letter from the IRS asking for form 8962, Form 1095-A (Letter 0012C) first, please check which tax year the letter references. If your notice does not specifically ask for a recalculated page 2 of your 1040, you may disregard that part of the directions. You will only need to provide what the IRS requests in their letter.

Because you purchased your health insurance through Healthcare.gov or a state marketplace, Form 8962, Premium Tax Credit (PTC) should have been included in your return. It’s used to calculate the amount of your Premium Tax Credit and reconcile any advance payments you received to help pay your health insurance premium.

We’ll help you complete this form with Turbo Tax and you do not have to submit an amendment, just print off and return the forms which the letter specified. If the letter is for tax year 2017, follow the directions below. If the letter is for tax year 2016 or 2015, please click on the link at the bottom.

1. Sign In to Turbo Tax

2. Click Tax Home, in the upper left. Scroll down to Your Returns and Documents

a. If you do not see options under that heading, look to the right and click on Show

3. Make sure the correct year is underlined in blue

4. Select Amend (change) return and then Amend Using Turbo Tax Online

5. Don't click to Pick up where you left off into the Amend section, simply go to the left menu and

6. Click on the Federal and then the Health Insurance, at the top

7. Answer the questions about your health coverage

8. Select Yes, "Was anyone enrolled in any of these less common plans in 2017?" to enter your 1095-A form and generate an 8962 form.

9. On the That’s all we need on your 2017 coverage screen,

10. Click Done with Health

11. Select Tax Tools, on the left menu

12. Select Print Center

13. Print, save, or preview this year’s return and click in the box to select federal returns

14. Click on View or Print Forms to print the forms you need

15. You can view the forms from here and select just to print the pages with

16. Form 8962 and either Form 1040 or 1040A (if needed)

a. Or you can select forms filed with the government plus all worksheets

17. Then, in the upper left corner of the pdf window, click on the download arrow and simply print those specific pages from your downloaded pdf or select the printer icon to print directly from this pdf window.

DoninGA

Employee

Paying for someone else's health insurance does not mean that they can claim or are eligible to claim someone as a dependent.
All you need is a copy of the Form 1095-A that includes your son's health care insurance coverage information. Enter the 1095-A on your tax return and there will be no penalty on your tax return since he is covered.

L

lashanna77Author

His father had to of gotten a subsidy which I guess means, depending on his income, he would pay for the insurance out of his tax return. Well since he wasn't able to claim him, we are responsible for the money his father got in advance to pay for his insurance. We are still trying to get our refund back and it's now August. It's taking so much time because his father will not give us any info on his Obamacare.

DoninGA

Employee

@TaxGuyBill - Do you have any suggestions concerning this health care insurance issue?

S

SweetieJean

Employee

Did you obtain health insurance for your son yourselves as well? Since you claimed him as a dependent, you were required to do so. That may be why you are being penalized...Nothing to do with what your Ex did.

L

lashanna77Author

I have custody and he is required to carry health insurance on our child.

S

SweetieJean

Employee

But you said:
"We later found out my son's father (non custodial parent) got Obamacare on my son. My husband and I had no idea he had done this."
Haven't you been asking him for proof that he did that?
Can your lawyer get a copy of the 1095-A?

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lashanna77Author

So are you telling me both parents have to carry health insurance on their children if they are not together??

S

SweetieJean

Employee

No. I was commenting on the fact that you said your Ex was responsible for the insurance, but then you said you were surprised that he got insurance ("Obamacare"). Didn't you take your son to the doctor at all during the year?

T

TaxGuyBill

Employee

Is your child the ONLY one on the healthcare policy, or are there other people (such as your ex)?  If there are other people, your ex SHOULD be claiming 100% of the 1095-A on his tax return.

If your ex does not do that, or if your child is the only one on the 1095-A, I think the only solution is to contact your divorce lawyer (unless your ex is willing to give you the money for the repayment).  It should be pretty clear-cut, because if your ex is responsible for insurance, that means he is responsible for PAYING for the insurance, not you.

When your ex had filled out the healthcare application, if your son is the only one on the policy, your ex should NOT have entered any income information, because your ex is not claiming the child as a dependent.

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lashanna77Author

Thank you for being professional. The only info we were given is that he did have Obamacare. Because I am not on that policy they will not tell me anything else. All I knew is that he had blue cross blue shield and was not aware it was Obamacare.