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?
Lv 6
? asked in Business & FinanceTaxesUnited States · 6 years ago

Can the noncustodial parent claim the child if the custodial parent takes no part in the US taxes?

My child's mother is not from the US nor does she reside in the US. She does not file taxes or have anything to do with the taxes in the US.

Since she cannot/does not claim my daughter, does that mean I get to? I have looked up and know there is a form 8332 for the release of claim to exemption of child by the custodial parent, but it requests the custodial parents SSN. She doesn't have a SSN though.

Update:

She doesn't have ITIN because she doesn't pay US taxes. Daughter does have a SSN though.

11 Answers

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    The custodial parent's residence, citizenship, and tax status are irrelevant. The ONLY way that you can claim the child is with the 8332 executed by the other parent. That gives you the right to claim the exemption for the child and the Child Tax Credit ONLY. You cannot file as Head of Household, claim the EIC, or claim the Child Care Credit.

    Without the 8332 attached to your tax return, your claim will be denied. If you try and claim the child as living in your home that would be treated as tax fraud by the IRS, especially if you claimed the EIC.

  • tro
    Lv 7
    6 years ago

    if the child lives with the custodial parent in another country, you are in no way able to claim the child, even if you are paying child support,

    the child does not live with you, you are not providing a household in the US, Canada or Mexico for the child thus you have no claim and the waiver would be of no effect because she has no standing with the US tax system

  • 6 years ago

    As noncustodial parent, you cannot file HOH

    YOU NEED signed 8332 ... With SS or ITIN

    It permits you ONLY to take child's exemption and CTC

    You do not get EITC

    Child must have SS#

    Source(s): Tax pro
  • 6 years ago

    If the child actually qualifies as your dependent, or you get signed form 8332, sure.

    She can get an ITIN.

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  • 6 years ago

    It has to do with how much you pay for child support. Check the IRS website.

  • 6 years ago

    If the mother has an ITIN use that otherwise write "None" and state that she is not residing in the USA.

  • Mary
    Lv 5
    5 years ago

    WHY DO YOU KEEP ANSWERING PEOPLES QUESTIONS BY TELLING THEM THEY ARE A RED FLAG TO GUYS?? YOU'RE A WEIRDO

  • ?
    Lv 7
    6 years ago

    if the child is not with you, then no

  • Anonymous
    6 years ago

    Learn to read, Idiot!

  • Judy
    Lv 7
    6 years ago

    no

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