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Knowledge Center
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Child
Support
Ordering
TurboTax Online Software
Child support is not deductible by the
payer, and it does not have to be
claimed by the recipient. Your decree
should include a definitive ending
period for child support not related to
the age or any life changes of your
children.
A special rule applies for determining
who gets the exemption for a child in
the case of a divorce or legal
separation. If you're the custodial
parent, you can claim the child as a
dependent. However, the noncustodial
parent can claim the Dependent Exemption
and the Child Tax Credit for the child
with the consent of the custodial
parent. The custodial parent can
"release" the child for this purpose
using Form 8332.
The custodial parent may still qualify
as Head of Household, and may be
eligible for the Child Care Credit,
Exclusion for Child Care Benefits and
Earned Income Credit for that child. The
noncustodial parent can't claim these
benefits even though that parent can
claim the exemption.
Custody should be spelled out clearly in
the decree. If there's any confusion,
the IRS may have cause to disaffirm the
claiming rights of either parent.
Head of Household Status
Several factors will determine if you're
eligible to file as Head of Household:
You have to be either unmarried or
considered unmarried on the
last day of the year.
A qualifying person must have lived in
your home for more than half the year.
You must have paid more than half the
cost of keeping up your home for the
year. You must file a separate tax
return, your home must have been
the main home of your child, stepchild
or eligible foster child for more than
half the year; and you must be able to
claim an exemption for the child.
If a person is your qualifying child,
that child is a qualifying person even
if you can't claim the exemption for
that child. But if the child is married,
the child is not a qualifying person
unless you can claim an exemption for
the child. Any other person is a
qualifying person only if you can claim
the exemption for that person. See IRS
Publication 501 for more detail about
the rules for a person who is not your
qualifying child.
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