Who gets to claim the kids on taxes when custody is still being worked out?

California
21

Merit said:
@Gemma
I’ve seen it once or twice too, but most of the time, the IRS doesn’t go that far. It’s only a bigger deal if there’s a huge refund involved.

If the IRS didn’t get involved more often, it would open a loophole for both parents to claim kids and get extra refunds. The IRS has strict rules for a reason, and it would be considered tax fraud.

22

@Merit
Yes, that’s what happened to someone I know. My tax preparer explained it to me this way.

23

Gemma said:
@Merit
Yes, that’s what happened to someone I know. My tax preparer explained it to me this way.

That happened to me too. The IRS made him return 3 years of taxes with interest.

24

I did that, and the judge didn’t say anything.

25

I stayed home with the kids while she worked night shifts. I was away from the house only 14 nights last year. She worked 3 to 5 nights a week.

26

macuz said:
I stayed home with the kids while she worked night shifts. I was away from the house only 14 nights last year. She worked 3 to 5 nights a week.

Then, the right to claim would go to the parent with the higher income.

27

macuz said:
I stayed home with the kids while she worked night shifts. I was away from the house only 14 nights last year. She worked 3 to 5 nights a week.

If you both lived in the same house, that means you had equal custody, regardless of the night shifts.

28

@Ajax
That’s what my lawyer says too, but she’s filing early and already said she’ll claim both boys.

29

macuz said:
@Ajax
That’s what my lawyer says too, but she’s filing early and already said she’ll claim both boys.

Let her claim them. Then, have your lawyer fight for your share of the refund in the property settlement.

30

macuz said:
@Ajax
That’s what my lawyer says too, but she’s filing early and already said she’ll claim both boys.

Here are the IRS rules about tiebreaking:

If both parents claim the child, the IRS will use who the child lived with more during the year. If they lived with both equally, the parent with the higher income gets the claim.

31

@Ajax
I’d suggest you both run the numbers both ways and see who gets the better return. If your ex was the one who provided more monetary support, she’ll likely win the claim.

32

@Ajax
The night calculation only counts when you live separately, not when you live together.

33

The IRS rules are based on who had the child more nights, so the custodial parent is the one who can claim.

34

I think it depends on the IRS rules, and if there’s no custody order, it’s who had the kids more. Look that up first. If she’s been claiming them already, that sets a precedent, and it’ll be up to the judge to decide who claims them.