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Max W

Claiming non-custodial child

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Couple separated early last year.  She is custodial parent of 2 children, but is allowing him to claim (8332) one as dependent for CTC.  Can she claim CCC for this child?  

And, if the child is listed on both returns, won't this prevent efiling of one of them?

 

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Only the custodial parent claims the child/dependent care credit to enable her to work or look for work. In your scenario, she will NOT be claiming the child as a dependent. So, she can e-file even though her ex-husband claims that child as a dependent with Form 8332.

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17 hours ago, Lion EA said:

Only the custodial parent claims the child/dependent care credit to enable her to work or look for work. In your scenario, she will NOT be claiming the child as a dependent. So, she can e-file even though her ex-husband claims that child as a dependent with Form 8332.

The question was really about efiling.  Only one can efile as the dependent is going to be on both returns.

4 hours ago, grandmabee said:

She can claim EIC also with giving up the child with 8332

She doesn't qualify - makes too much money.

 

Thanks to both of you.

 

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That's right, but has to be listed on return in order to get CCC.  So, the return that is filed second has to be paper filed, because the first SSN will block the second.

I checked with Drake and they concur.   

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Huh. Is that new? I have clients that are divorced moms who claim the child every other year. They are always HOH and CCC and e-file. None of my clients come in very early. Maybe the dads have been even later! That would be a good reason to urge clients to come in earlier...

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14 hours ago, Max W said:

the return that is filed second has to be paper filed

Drake has a place on the Dependents screen where you can check that the person is NOT a dependent, but rather a HOH (or other) qualifier.  So they don't get used as a dependent but do get used to qualify for status or credits.  I would think you would still be able to e-file that return.  Now you have me confused about Drake!

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7 hours ago, Catherine said:

Drake has a place on the Dependents screen where you can check that the person is NOT a dependent, but rather a HOH (or other) qualifier.  So they don't get used as a dependent but do get used to qualify for status or credits.  I would think you would still be able to e-file that return.  Now you have me confused about Drake!

That did it.  Clicked in HOH qualifier and it took the dependent off of the 1040, but kept CCC.

Thanks for your suggestion.   The folks at Drake are good, but don't know everything.  

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23 hours ago, Max W said:

The folks at Drake are good, but don't know everything.  

I must say, that applies to me also.  Glad you got it to file!

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19 hours ago, Catherine said:

I must say, that applies to me also.  Glad you got it to file!

It hasn't been filed yet, but the software indicates it is ready to efile.

There is one more question.

She (HOH) itemizes.  Does he (MFS) have to itemize ,too?

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9 hours ago, Max W said:

There is one more question.

She (HOH) itemizes.  Does he (MFS) have to itemize ,too?

Yes, because his spouse is itemizing and he is filing MFS, he must itemize.  Anyway, itemizing is the better choice since the code says his standard deduction is zero. 

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13 hours ago, Lion EA said:

Child Care Credit, is what I think Max was asking about. Or Child & Dependent Care Credit.

Yes, Child Care Credit!

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