Child support, taxes, child tax credit. Help?

Question

My ex was given the federal tax exemption for all years for our one daughter. She lives with me, full time and he has never seen her. Am I allowed to claim the child tax credit because she lives with me? From what I read you can only claim the child tax credit if the child lives with you full time. And I believe that the federal tax exemption means that he only gets to claim her as a dependent. Is this correct? Please help?

Cathi K · Accepted Answer

If the court says he gets it then he gets it. You give him a form 8332. He gets the exemption and the child tax credit. You get head of household and eic if you qualify. If you do not let him take it he can take you to court for contempt.

Judy · Answer

How precisely was your ex given the right to claim her?  It might or might not be valid.

The parent who claims the exemption gets the child tax credit.  The parent the child lives with gets EIC, head of household status, and dependent care credit if any of those apply.

Slickterp · Answer

Given by who?  If you sign a form 8332, ex gets the exemption, not ACTA and EIC.  

Talk to a lawyer.  A state court cannot supercede Federal tax law.

tro · Answer

the rule is the parent with whom the child spends the majority 'nites' with claims the child
the only way the father could claim her if he has so little contact with her is if you signed the #8332 waiver to allow him
paying child support does not entitle him to claim her

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Child support, taxes, child tax credit. Help?

4 Answers