Earned Income Credit w/ joint custody? Can my ex and I claim all the kids?

Question

My ex fiancee and I have 3 children together. While we were living together, I claimed 2, he in turn claimed the other child. Now that we are no longer together we both share the responsibilites of the children. We each split bills etc, and have the kids every other month. Is there any way when tax time rolls around that we can both claim all three? Or will we have to be stuck one of us claiming all or none etc.? Thanks!!!

We were never married. Thus, there is no divorce.

Answer 1

My neighbor had this problem with her ex. Each year they can on claim 2 each. So you will have to claim 2 and him 1 and then the next year switch and he can claim 2 and you 1 but you both can't claim the same children. It has to be you or him, not both.

Answer 2

First off, I do not approve of 'doctoring' your income taxes to suit your preferences. I opt for legally stating the facts and obtaining the maximum refund you & your ex are entitled to.

There are a number of areas where a taxpayer can claim a child or their expenses:
- as a dependent exemption
- as a dependent for Head of Household filing status
- childcare expense credit
- child tax credit
- Earned Income Credit (if you qualify)

Some of the issues that need to be answered are:
Where do the children live? Who has custody? If you really figure it out, do you really split all the bills evenly?

If in fact you share all responsibilities and expenses 50-50 then you need to come to some sort of an agreement.

For earned income credit (if you qualify) you do not benefit from claiming more than 2 of the children (the options are no children, 1 child, 2 or more children) so you have no added benefit by going from 2 to 3 for this.

Your status of Head of Household (assuming you & your ex no longer live together) could remain even if you assign the dependent exemptions to your ex.

As there are a number of ways to factor this, I recommend you seek professional tax help when the time comes. It can be convoluted.

Answer 3

Between you, you claim all 3. There are only 3 kids after all. You can both claim Head of Household status based on the kids however.

Answer 4

You can do all for one and none for the other, or give him 1 you take the other 2 or vice versa, up to you guys if it's not in your divorce decree. My ex and I are supposed to switch off every other year, but since he doesn't pay child support, I don't bother giving it to him. Also, check with an accountant or IRS, you may have to fill out a form "allowing" the other person to use the child for EIC. I had to when my ex used her.

Answer 5

Actually, if you qualify for earned income tax credit than let one of you claim all three children for the child tax credit and the other for the earned income credit. they may be close to equal, depending on your tax situation, most likely divorced with three children you qualify for earned income credit. but also, follow your divorce decree, it may say in there what you have to do, unless you and your ex can agree on some other issue.

Answer 6

you could claim all 3 then share half the money with him, id you'd like.
but i believe you can only claim a child once. not two people. my mom tried to claim my son one year (can you believe it?) and my babys daddy did too. we got a letter in the mail saying someone else was trying to claim him. we proved that we took responsiblity's of him. and we got the money. so in theory, i believe only one person can claim each child..

Answer 7

only one of you can claim the kids. or do how you were doing it. because if they see you claiming all the kids. they might call you and have to talk to you about y. good luck.