Can dependents be claimed by both parents?

Question

My ex wants me to say that he can claim our kids for exemptions and I can claim them for credits. Is this legal? Can it be done? I thought only one person could claim the kids at a time. And when you claim dependents don't you claim both the exemptions and credits at the same time? I am very confused and am in a very tight time table. Please help.

Answer 1

You ex is correct. It is legal. If you choose, you can sign over

1. The dependency exemption
2. The Child Tax Credit/Additional Child Tax Credit

These two tax benefits go together (they cannot be separated). These benefits can be assigned to the noncustodial parent by the custodial parent. The custodial parent signs a form 8332 and gives it to the noncustodial parent. The noncustodial parent is required to have this form in order to claim the benefits.

The only person outside of the custodial parent's household who can receive these benefits from the custodial parent is the noncustodial parent. For example, you cannot pass these benefits over to a grandparent who does not live with the child.

The remaining tax benefits:

Earned Income Credit
Head of Household Filing Status
Dependent Care Credit

remain with the custodial parent's household. Another person in the custodial parent's household can take the child's tax benefits only if they are qualified to do so and the custodial parent allows it.

Answer 2

It's very probable! A qualifying child for the EIC does not need to qualify as a dependent. The non-custodial parent can claim the children as dependents and claim the Child Tax Credit. The custodial parent can claim the children for EIC.

My ex-boyfriend and I did the same thing. My ex was allowed by the court to claim our son as a dependent but I claimed him for EIC. Only did I find out later that he never claimed the dependency or Child Tax credit. And after having the support order modified, I went back and amended those years' returns.

The rules can be pretty complex. But I would check out Publication 504 (Divorced or Seperated Parents) and the EITC Assistant or Publication 596. Or just ask your local tax office, it's free.

Answer 3

If you are the custodial parent you should claim exemption, the credits probably would not amount to anything near what the exemption amount is and also you can only claim amounts that are above a certain percentage of your income. If you have any question call the IRS or a free tax service.

Answer 4

A dependent can be claimed by only ONE person for exemptions, the child tax care credit, and the childcare credit.

The Earned Income Tax Credit can only be claimed if the children lived in your house over half of the year.

Answer 5

either one or the other. a dependant is someone that you have taken care of for the year. if your ex claims a kid that means he has taken care of him for that year and is entitled to all the credits due. u cant claim the credits if u dont claim the child, hence u cant claim a credit if the child isn't listed a dependant that u cared for. plus the IRS checks to see if dependants have already been claimed for that year. if u do claim the credits and the ex claim the dependant, your chances of it being returned or audited is very great.

Answer 6

You cannot split the credits and exemptions for a dependent. You either claim them, or you don't.

Answer 7

Believe can be done; however, this depends on who has the legal custody of the kids and for how long they have lived with one parent and the other. This changes every year with the new tax legislation. Look for a reliable tax company; they can help you out.
Good luck.

Answer 8

Dependents can only be claimed by one person.

Answer 9

No absolutly not! Only one of you can claim your kids as dependents. I would say the one with whom the kids lived with should get that privelege as head of household.