Fact is we both have joint custody, I have had the kids with me for more than 50% of the year (more like 90%). I am not named the custodial parent in our divorce decree but neither is he. It just says joint. He has not helped with child support etc. for any of last year. Yet he tells me he is claiming our 2 youngest on his taxes.
How do I stop him without getting both of us audited?
Can I just call the IRS and tell them? What verifications would they need to determine the custodial parent? I have marked on a calendar everytime he has taken them for visitation.
Does him claiming 2 and me claiming 2 kids have any negative ramifications? What ex says is that you only get EIC for 2 kids anyways. Plus he plans to pay me back some money he owes me with it.
I disagree to this morally because me and my new husband have financially supported all the kids, and I do not feel my ex deserves an extra $1500 (or whatever he would get)
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✅ Answers
Who has physical custody of the children? The custodial parent is the one that the children spent the most time with throughout the year. Add up the nights in each home. The most nights wins. The custodial parent is the ONLY parent who can claim the EIC. (Joint custody arrangements are irrelevant.)
The custodial parent can surrender the exemptions for one or more of the children and the Child Tax Credit to the other parent by giving them a completed Form 8332 that the non-custodial parent attaches to their return. The EIC and all other tax benefits stay with the custodial parent.
If both of you claim any of the children on your returns, the IRS will automatically investigate the matter and award the exemptions according to the law using the evidence that you each provide. If you cannot resolve this in advance this is the ONLY other way to resolve it.
If you attempt to e-file your return and it is rejected for a duplicate SSN you must then file a paper return by mail. This will trigger the investigation by the IRS.
The EIC is limited to 3 children for 2009 and 2010. Normally it’s 2 children. You could probably give him one of the children using Form 8332 (assuming that you are the custodial parent of course) with little impact on your return or any refund. However he can NOT claim the EIC if he is not the custodial parent. He would only get the exemption and the Child Tax Credit.
The IRS doesn’t recognize joint custody agreements. The IRS goes by number of nights.
If you had them 90% of the time, you should claim all 4 children. You are the ONLY one who can get EIC for them. If you sign a form 8332 for 2 children, he can claim the exemptions and child tax credit ONLY. (Without the form, he’s entitled to nothing.)
If he tries to efile before you, be prepared to mail in your tax return.
If he claims the children without the 8332 and is audited, he will be barred from claiming EIC for *any* child for 10 years.
the children live with you,so I believe you will be looked at as supporting them more and you can claim them all.just tell your ex you have supported them by more than 50 percent and they live with you so you are claiming them. funny how he can’t even pay child support for his children,yet wants to bebefit by claiming them. the state will probably take his income tax money anyway for back child support.
File your tax return correctly and let the chips fall where they may. You will have done the right thing. It is not your problem if your ex gets in trouble by filing a false return.