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Child Tax Credit

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are looking for information for the current tax year, go to the Tax Prep Help Area.

Can a custodial parent claim the Child Tax Credit if the noncustodial parent claims the child as a dependent due to the divorce agreement?

The custodial parent cannot claim the Child Tax Credit for a child in the tax year that the noncustodial parent takes the exemption for that child. Please refer to the 1040 Instruction Booklet index for the Child Tax Credit. The referenced pages will explain who qualifies for this credit and how to calculate it.

References:

Does the Form 8332 (used to release the exemption to the noncustodial parent) affect the Child Tax Credit?

Yes. The Child Tax Credit can only be claimed by the parent claiming the exemption. In this case the noncustodial parent would qualify for the dependency exemption and therefore the child tax credit. Please refer to the Instructions for Form 1040 or the Instructions for Form 1040A index for Child Tax Credit. The referenced pages will explain who qualifies for this credit, and how to calculate it.

References:

8.1 Earned Income Tax Credit: Qualifying Child Rules
If the noncustodial parent receives permission from the custodial parent to claim a child on his or her tax return, is the noncustodial parent eligible for the Earned Income Credit?

The noncustodial parent cannot claim the Earned Income Credit on the basis of that child because the child did not live with that parent. The custodial parent may be able to claim the Earned Income Credit. A qualifying child for the Earned Income Credit does not need to be a dependent unless the child filing status is married.

Refer to Publication 596 (PDF), Earned Income Credit, for the Earned Income Credit rules.

References:

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