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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7352
Experience:  15years with H & R Block. Divisional leader, Instructor
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Can I claim my two children as dependent.I pay over a 1000.00

Resolved Question:

Can I claim my two children as dependent.I pay over a 1000.00 a month in child support.she does not work but gets financial aid.she lives in an apartment next door to me
.I also pay their health insurance.I don't think she files.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D :

Hello and thank you for using Just Answer,

Robin D :

A noncustodial parent may claim the exemption for their children if the custodial parent signs form 8332.
According to the IRS:
Generally, because of the residency test, a child of divorced or separated parents is the qualifying child
of the custodial parent. However, the child will be treated as the qualifying child (for the purposes of
claiming a dependency exemption and the child tax credit, but not for the earned income credit) of the
noncustodial parent if all four of the following statements are true:
1. The parents:
a. are divorced or legally separated under a decree of divorce or separate maintenance,
b. are separated under a written separation agreement, or
c. lived apart at all times during the last 6 months of the year, whether or not they are or were married.
2. The child received over half of his or her support for the year from the parents.
3. The child is in the custody of one or both parents for more than half of the year.
4. The noncustodial parent attaches a Form 8332, or similar statement containing the same information
required by the form, to his or her return. The form must be signed by the custodial parent.

Robin D :

If you are entitled to claim a dependency exemption for your child based on the exception for children
of divorced, separated, or never married parents described above, you can claim the child tax credit for
your child who was under age 17 at the end of the year.

Robin D :

So in answer to your question, yes, as long as you get the custodial parent (the parent that the children lived with for more then half the year) to sign the Form 8332.

Robin D :

Please let me know if you need clarification before you rate.

Robin D :

Hi

Robin D :

Please respond so I know you are able to view the entire answer.

Customer:

thanks

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7352
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 6 other Tax Specialists are ready to help you

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