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Can I claim my child on tax return?

Asked by: jhuntres 621 views YA Discussion

My ex and I have an agreement we will switch years in which we can claim our daughter because we have her 50/50. Even though I cant claim her as a dependent, can I still claim and EIC or something? I am just curious which options I can take when filing taxes. I do, however, have her 4 nights a week and he has her 3. It has been like this the whole year. I just do not know how to exactly prove it. I can look at texts back to September that show when I picked her up/dropped her off but that is it. What can I do to prove I have had her more than 50% of the time???

2 Answers

  1. Bash Limpbutt's Oozing Cyst© on Jan 23, 2013 Reply

    The custodial parent — the one that the child lived with for the majority of the year — is the one who gets to claim the child by default. That includes the EIC and all other tax benefits. That parent can surrender the exemption and Child Tax Credit by giving the non-custodial by giving them a completed Form 8332 if the parents provided more than half of the child’s support between them. The custodial parent retains the right to file as Head of Household and claim the EIC and Child Care Credit if otherwise eligible.

    Agreements regarding 50/50 custody are meaningless. The actual number of nights in each home is what matters. Although exactly half is possible in a leap year like 2012, it’s still highly unusual. If it is exactly half then it defaults to the parent with the higher AGI. As far as proving the number of nights in each home is concerned, the IRS has accepted a calendar that showed which night in each home when it was apparent that it was completed contemporaneously.

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  2. Pascal the Gambler on Jan 23, 2013 Reply

    If you have her most nights, you claim the child and EIC. If you are custodial parent (and can prove it) you sign form 8332 for non custodial parent to claim the exemption ONLY and you get the EIC.

    Is he on your lease? Do you have daycare or school records, doctors records shwoing her address as yours? Texts won’t cut it.

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