HOH - EIC

Forum|Forum|6 years ago
February 6, 2020
8 replies
43 views

Client has full custody of the child. Receives no child support. Pays all expenses. Court ordered the "father" gets to take the exemption. What is she allowed to file? HOH - EIC?

ProSeries Professional

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Best answer by garman22

Very tired so that I understand completely.

My client, custodial parent gets HOH and EIC.

I file Q on her dependent worksheet

Have her provide a signed 8332 to the Father.

Assuming she meets the qualifications, yes she could receive both EITC and HOH.

Q is the proper code.

8332 is technically the way to go.

G

garman22

Intuit Community Champion

Assuming taxpayer has residential custody and he/she qualifies for HOH. Taxpayer can take both HOH and EIC. Do your diligence tho.

George4Tacks

Level 15

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/can-the-irs-overrule-a-court-order-allowing-a-non-custodial-parent-who-pays-child-support-to-claim-a/00/611949

and even better source https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents/dependents-7

Answers are easy. Questions are hard!

Just-Lisa-Now-

Intuit Community Champion

As the custodial parent, she gets HOH and EIC/DCB (if applicable) , if she signs the 8332 to let dad claim them, then dad gets the CTC for them. (you'll use Code Q on her dependent worksheet)

If she doesn't sign the 8332 dad gets nothing, she can take all, but he can take her back to court for being in contempt of a court order.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪