Figure 34-B. Is a Child of Divorced or Separated Parents a Qualifying Person? Summary: This flowchart is used to determine if a child of divorced parents is a qualifying person for child and dependent
care credit for the
non-custodial parent.Start. This is the starting of the flowchart.Decision (1). Is the child's exemption claimed under a multiple support agreement?
IF Yes Continue To Process (a)
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IF No Continue To Decision (2)
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Decision (2). Were you divorced or legally separated, or did you live apart from the other parent the last 6 months of the year?
IF Yes Continue To Decision (3)
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IF No Continue To Process (a)
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Decision (3). Did you and the other parent together have custody of the child for more than half of the year?
IF Yes Continue To Decision (4)
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IF No Continue To Process (a)
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Decision (4). Did you and the other parent together provide more than half the child's support for the year?
IF Yes Continue To Decision (5)
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IF No Continue To Process (a)
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Decision (5). Did you have custody of the child for more of the year than the other parent?
IF Yes Continue To Decision (6)
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IF No Continue To Process (b)
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Decision (6). Can you claim the child's exemption?
IF Yes Continue To Decision (9)
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IF No Continue To Decision (7)
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Decision (7). Could you claim the child's exemption except that you signed an agreement to let the other parent claim it?
IF Yes Continue To Decision (9)
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IF No Continue To Decision (8)
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Decision (8). Could you claim the child's exemption except that the other parent claims it under a pre-1985 agreement?
IF Yes Continue To Decision (9)
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IF No Continue To Process (b)
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Decision (9). Was the child under age 13 when the care was provided?
IF Yes Continue To Process (c)
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IF No Continue To Decision (10)
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Decision (10). Was the child capable of caring for himself or herself?
IF Yes Continue To Process (b)
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IF No Continue To Process (c)
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Process (a). Do not use this chart. Determine whether your child is a qualifying person using the regular rules. (See Qualifying Person
Test).
Process (b). This child is not a qualifying person.
Process (c). This child is a qualifying person.
End. This is the ending of the flowchart.