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01-22-2016 09:14 PM - last edited on 01-23-2016 09:45 AM by JerryG
Hi im curious about if you have sole custody of a grandchild and claimed them for previous years is it possible for non custodial parent to file on their taxes but not as a dependant
01-22-2016 10:31 PM - last edited on 01-23-2016 09:46 AM by JerryG
Hello candygirl64139. Welcome to The Community.
If I am understanding your question correctly, it appears that your grandchild is in your custody (living with you all year?) and the noncustodial parent is trying to claim him/her as a "qualifying child" probably for the purpose of claiming Earned Income Tax Credit (EITC) and/or filing as Head of Household (HOH) while not claiming the child as a dependent. Is my assumption correct?
Theoretically speaking, taxpayers can make such claims on their tax returns (even though it's wrong), HOWEVER, doing so when all requirements are not met to claim a nondependent child as their "qualifying child" is in violation of tax law - also potentially known as tax fraud. One of the qualifying child rules is the child MUST live with the parent for more than six months during the tax year.
I would strongly suggest that if you are aware that your grandchild was claimed by the noncustodial parent for these purposes, you should file FORM 3949-A Information Referral with the IRS to report this. Here is a link to that form for your convenience:
I hope this helps to answer your question. Good luck to you.