Who gets my child's tax credit?

2012-03-18 1:34 am
Here is the deal. My ex and I are divorced. It is my turn to claim my child as a dependent, however; she is with me for 4 months and with my ex for 8 months. The IRS states that in order to claim it she needs to be elegible to be claimed as your dependent AND live with you for more than 6 months. How does this work?

回答 (5)

2012-03-18 1:37 am
As the non-custodial parent, you have your ex sign form 8332. That moves the exemption and child tax credit to your tax return. Your ex keeps the eligibility for HOH, EIC and child care.
2012-03-18 6:54 am
You get the child tax credit, but are NOT eligible for EIC. There are special rules for divorced and separated parents.

If your ex is eligible for EIC except that you are claiming the dependency this year, she can still claim EIC.
2012-03-18 6:17 am
Without the "rules for children of divorced or separated parents", you would not be taking turns; one person or the other would always claim the child.

What the IRS actually says is that in order to claim it she needs to be someone who would be eligible to be claimed as your dependent if the "rules for children of divorced or separated parents" did not exist.

In other words, it does not matter whose year this is. If you are the person who would have gotten to claim her if the "rules for children of divorced or separated parents" did not exist, then no one gets the child tax credit. There is only a child tax credit for children who live 6 months or longer with the parent who would have gotten to claim the child if the "rules for children of divorced or separated parents" did not exist. If your ex is the person who would have gotten to claim the child if the "rules for children of divorced or separated parents" did not exist, then she gets the credit.

Either way, you do not get the credit.
2012-03-18 2:50 am
the parent with whom the child spends the majority 'nites' is the one who claims the child, the exemption, the child credit, the EIC and the additional tax credit
2012-03-18 1:37 am
u will have to Prove to IRS u had kid for 6months plus 1 day.
sorry wife get credit this yr.
參考: BizOwner, U of H Knocks


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