HOH - Parents Unmarried Both Qualify to Claim Dependent

[pharris878]

Hello,

I have a client that has claimed his son, childcare expenses, and CTC for the past three years.  He and the mother live together but are NOT married.  She is a DIY with Turbo Tax.  This year, I file the father's return as usual, but it is rejected for dependent ssn.  I ask to see the mothers 1040.  The son is on there, filing status is HOH, but she did not receive EIC nor the child tax credit.  My question, is there a code that the father, my client, could use, that would allow him to claim these credits since the mother did not?

[Just-Lisa-Now-]

If they live together they cant split the benefits like that for the same child....youve got kind of a mess there, Im not sure how to fix it.

[dd4vols]

I'm just wondering what kind of relationship they have...I would have thought he would get the DIY Turbo Tax lady to do his taxes, instead of paying you!  Can't wake for next week's episode now...

[BobKamman]

The kind of relationship they have, hasn't yet led to a second child who would resolve this dilemma.  

This is mostly Intuit's fault, for not having an organizer question, "Are you cohabiting with someone who is the other parent of your child?"

[Terry53029]

If the parents live in the same household (unless it is as roommates everything 50 50) then only one can claim HOH and provides more than 50% support of the household, and claims child. Either one can claim child as dependent, and all credits (no splitting). If they can't agree who claims child, then it is the one with higher income. Whoever provides 50% support, and files HOH must claim child for all credits