Exhusband claiming children on taxes?

Question

My ex husband and i have 2 children. they live with me 100% for the entire year. He has contributed 116 per week in child support since May.
He says to me the other day that he is claiming them on his taxes this year, I told him he is not.
Don't I have to sign a form 8332 release in order for him to claim them since I am the custodial parent?
What happens if he tries to claim them before I do?

Answer 1

Well, we can see why you divorced him.

He pays the equivalent of $6000 a year in child support and thinks that a) he's actually covered even half of their expenses and b) that this is enough to entitle him to claiming them on his tax return (in the 15% tax bracket and if he can claim the full child tax credit, he'd get $3000 back). c) If his income is low, he probably thinks he is entitled to HOH status and EIC as well.

As nearly everyone else has said, don't worry about it. When you file, just realize that you'll probably be mailing your tax return in and your preparer may expect their bill to be paid up front. Without the kids living with them, these spouses tend to have more time to get their returns done first.

If he's dumb enough to claim EIC, the exam letters will go out pretty quickly. Once caught out, he'll be banned from EIC for 10 years. (Which means if he begets more children, he won't get it for them either.) If he just claims the exemptions, the letters won't be as quick, but he'll definitely lose. As soon as you show you are the custodial parent, the fact that he doesn't have the 8332 is pretty cut and dried.

Answer 2

Your husband will have a lot of explaining to do to the IRS. Go ahead and file your taxes and be prepared if the IRS contacts you. Just answer the IRS saying that you are the custodial parent and did not complete a 8332 release plus the children live with you. Child Support has no bearing on taxes.

Answer 3

The cold clear ruling is that the parent who has possession of the body gets the write-off unless the noncustodial parent has a signed 8332 or similar document. IRS could care less about what the divorce says but requires proof of what actually occurred. I suggest you file your return early to get you claim in. If you file on paper, include a separate statement on Form zero (blank paper) stating the children lived with you all year. Whoever files last is going to give the IRS computer indigestion which will have to be resolved by a human.

Answer 4

Unless your divorce decree states otherwise, he cannot claim them without your written permission.

Here is what will happen. You both file, both claim the kids, the IRS will hold up the 2nd to file refund while they investigate.

They will contact you both and ask for a copy of the divorce decree AND will ask about custody and where the kids live.

Once they find out your ex illegally claimed them, they will either demand repayment (if he received a refund) or will not issue his refund and will refigure his taxes for him.

If this adjustment occurs AFTER April 15 he will end up paying a penalty and interest too.

Get your taxes filed asap, but don't worry from what you state you are the only one entitled to claim them and the IRS is used to ex spouses screwing around like this.

Answer 5

If he files first, the IRS will give him credit for the kids.

If you file electronically second, your return will bounce. You will have to mail it in.

The IRS will then investigate as to who is acutally suppose to claim the kids and he would have to pay the money back plus interest. This could take a few months to resolve.

If he is not suppose to claim the kids, he will be much better off in the long run if he does not but convincing him of that may be another issue. Let him know that just paying child support does not automatically give him the right to claim the kids. Absent correct language in the divorce decree, the exemptions automatically go to the custodial parent.

File as soon as possible and file electronically!

Answer 6

Do you have anything written in the divorce that he is able to claim them? Meaning, you claim one year, he claims the next? If not, you can report him to the IRS. You both can't claim the kids and the IRS will put a stop to that. If they are in your placement 100% of the time and if you have joint custody, he still can't do it. He can try. I would call your attorney. Best of luck.

Answer 7

If you have them 100% of the time, I don't think there is much question to the fact that you are entitled to claim them on your return. If you believe that he has done so, you could report your suspictions to the IRS.

Answer 8

It's first-come, first-served with the IRS. If they get his first, they will disallow it for you. File as early as possible and file electronically and you may beat him to the punch then the IRS will deny his claiming of the children.
If he beats you to the punch, then you will need to file without claiming them, then send an amended return claiming them and explaining what happened. Even if you finally get the deductions, he can do the same thing next year and you have to go through the whole routine again.

Eventually he may get in trouble with the IRS and stop trying to claim them.