QUESTION

If I apply for low income housing for myself and my two boys and get approved, would the other parent be able to claim the kids on their 2016 taxes?

Asked on Jan 15th, 2017 on Family Law - Florida
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
  Without  an order of the Court as to which parent takes the dependency exemption for children,  the IRS rules govern.  These rules provide that generally, the parent wtih whom the child lives with for the majority of the year is entitled to claim the dependency exemption. However, a non-custodial (IRS term, not Florida term) may take the dependency deduction if both of the following conditions are met: The custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, or a substantially similar statement, and The noncustodial parent attaches the Form 8332 or the statement to his or her return. If the custodial parent releases a claim to exemption for a child, the noncustodial parent may claim the child as a dependent and as a qualifying child for the child tax credit. However, generally, the noncustodial parent  may not claim head of household filing status or the earned income credit, and the noncustodial parent may not claim the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the health coverage tax credit. You should contact a tax attorney or CPA  to verify same. Best wishes, Cindy S. Vova LAW OFFICE OF CINDY S. VOVA PLANTATION, FL 33322 info@vovalaw.com 954-316-3496    
Answered on Jan 16th, 2017 at 2:16 PM

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