My ex husband will claim both children this year, they live with me how do i get credit for them on my taxes?

Answer 1

Both of the previous answers are correct, however! The IRS sees it as simply whoever files first. If the ex-husband files first and claims the children, most likely he will get to keep that claim. Making him prove the children lived with him more than 6 months of the year is more difficult than you think. First the IRS asks him if he is willing to give up the tax return, and if he says NO, then that's the end as far as they are concerned. You would have to challenge him in court, and that takes money and time. You are caught in a jam, and the ex- knows it.

Did he pay child support and/or alimony? Unless he paid regularly and a lot, you can easily prove that their living expenses are much more than what he pays. Everything they eat, wear, use, touch, watch TV, talk on the phone, etc., etc., costs money that he doesn't pay. If you want to challenge this, you need to get your information all together and see a tax expert.

Answer 2

Well, most of the answers you've gotten so far are wrong or at least partially wrong. The people who say you can both claim them, or take half of a claim for them, are totally wrong, as are the people who say that whoever files first gets the exemptions - that is NOT correct. They would get their refund initially based on their claim, since the IRS wouldn't know that another claim is coming, but as soon as the second person claims the same child, the IRS will open an investigation to see who can really claim the child legally, and if it's the second person to file, they would then get their refund and the first person would have to pay back, with interest and possible penalties, the extra they got for claiming the child when they couldn't legally.

There are special rules for who can claim children of divorced or separated parents, and they are complex if your circumstances are complex. The person who said that you might be able to claim head of household and certain other tax benefits if you otherwise qualify is correct.

Answer 3

Read your divorce decree. You probably alternate years on when you can and your ex can claim the children.

If your ex has the right to claim the children, then there is nothing that you can do to claim them.

Answer 4

If he was granted the right to claim them in your divorce decree, then you can not claim them. If you have signed the IRS form that gives him the right to claim them, you can not claim them.

If the IRS deduction has not been assigned to him, you can claim them. If he claims them also, he could get in trouble. You should gather what ever documents you can to show that the children live with you and that the divorce decree has not assigned the deduction to him.

Answer 5

Your ex will have to have you sign a form 8332, Release of Child, so he can claim the dependency only. You can take the head of household status and get the earned income credit for both children; the only thing being you can't take their dependency as you have released it to him.

Answer 6

If your ex is claiming them this year then you can not. Plain and simple. But if the children are living with you, why are you allowing for him to claim them anyway? Sounds like you are being way too nice.

Answer 7

This is common.

Only one person may claim a dependent. As you need to put down a SSN for each child, the IRS can (and does) cross-check.

As per the IRS, where the child lives determines who gets to deduct. If your ex pays a lot in child support, you can sign a form 8332 to allow him to a deduction.

Answer 8

Who did the children live with for greater than 6 months of the calendar year you are filing for?

That is the person who should claim the kids.

Answer 9

You cant really unless you have enough of deductions like medication, medical bills and other stuff like that. I would NOT have let him claim the kids. That is the stupidest thing you could have done. They live with you, you have to do everything for them. NOT HIM! My ex wanted to claim one of them and I said HELL NO! I take them to the doc, I get up with them when they are sick, I take them to the park etc. Go get that changed. Its not like he will get credit for paying child support so what good is it for him to claim them. Or have it where who ever claims them has to split the money...not 50/50 but something like that.

Answer 10

You can not claim them only one person can. If I were you I would claim them. You would get more taxes back. You have to give him permission to claim them or he is in trouble with the IRS.