Wondering If You can still claim your Daughter the same year as a nondependent for EIC/dependent care If your ex gets to claim her every other year for tax deduction/child care credit?
Yes, you can.
That’s how the special rule for divorced and separated parents works. Your child also qualifies you for Head of Household filing status.
As others have said, he can NOT claim the dependent care credit, even though the child support order says he can. He can only claim the Child Tax credit or Other dependent credit, if the child is over 16. (Ultram Online)
Get Rid Of The Fear Of Your Ex Trying To Claim Tax Credit or Other Dependent Credit
- When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit.
- The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent.
- The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission.
Visit our office today to speak with a Generational Wealth Specialist for more information.