Who has rights to claim our kids on our taxes?

My ex and I have 50/50 joint custody of our two daughters; we file one daughter each for taxes for three years now. But it’s gotten to the point where I am now very not at my girls but at him bc he can never do anything for them there’s always an excuse, like take them to the doctors or dentist appointments, make sure they have health insurance, register them for school, parent meetings, and even in his days with him, he’ll ask me to have them bc he always has something to do and I gladly take them bc they’re my kids and I love them. But everything you can think of is never there for them and always has an excuse. I have bought my daughter glasses twice now she’s either lost them or broke them while at dads, her insurance doesn’t cover them bc she hasn’t had them for not even one year and I asked him to please get her glasses this time it’s been three months!! And he keeps making excuses he says that he keeps forgetting about it and today I asked him again he said he didn’t have any money if I can buy them. But yet he went to six flags with his girlfriend for the weekend; this makes me so angry bc he can go places and spend money but has no time or money for our children. Shouldn’t I be the one claiming both for taxes and buy them everything they need with that money?

24 Likes

I would go to court and let them decide. I have a court order I claim my kids every year

4 Likes

You have to do what’s on the custody agreement. If you want it changed you’d have to go back to court

What does it say on your custody agreement?

1 Like

Is it in a court ordered agreement? If so, you have to let him claim one. If not then you should go to court and have them decide.

What’s the court order agreement? Why don’t I take things bk to court and fight for 70-30 that way ur able to claim both ur kids

Its whoever beats the other to the punch if it’s not in custody papers. If u file before him nothing can be done

4 Likes

I know cause I dealt with this

Seriously
50 50 is just that.
So many tax questions do what’s right

All because of a few bucks at tax and he had a holiday yet you have no clues as to who paided for the holiday your going to have a hissy

Does he pay child support?

1 Like

If it’s in the court papers that you split them, then you need to abide by it. That would be my only concern with changing things up.

If there is no court ordered or written and signed agreement then you have the right to claim them both. Though TECHNICALLY he does as well in that case. I would get the court order going and in the meantime claim the both before he can. Like asap. Also, get child support going. Clearly he cannot be trusted to help you w/o a court order. If he gives you shit, tell him he can always surrender his rights :woman_shrugging: Harsh, I know, but if he cant be bothered to be a decent father and provider then it may work out for the better. Good luck :heart:

Not sure where you live, but we have 50/50 custody of my stepdaughter. The court paperwork says they are to alternate claiming her each year. But the government says my husband can’t claim her at all because he pays child support, and they trump the court order.

The rules for dependants are: 1. Live with you at least 50% of the time
2. You provide more than 50% of their support
3. They make less than a certain amount (changes yearly almost, usually the standard deduction)
4. If there is a legal document (custody or divorce settlement) then it could be determined in there. If not, then 1-3 apply.
5. The person eligible to claim the kids can also sign a form (I forget the name) but it’s basically a permission slip allowing the other parent to claim the kids

The IRS does not care about a court order its whomever provides more than 50% of the child’s care each year.

It would depend what’s in the court agreement normally with multiples they split the kids so they each claim one. If its not in your agreement I would get it put in there.

This is something that should have been addressed in the court agreement. With 50/50 custody, you both have equal rights to claim taxes since you equally share care of the children. You’ll either have to alternate years, or each claim one child until you get this addressed in the court order.

If its in a court agreement, you have to stick to it or amend it.
If not, it’s whoever provides 51% of their residence.
If its not in your custody agreement, since it says 50/50, whoever files first will get the credit and you will have to fight it out in court if there is a disagreement.

1 Like

Keep track of all of your spending and take file for both children - tell him you’re doing so and you have financial proof of care covered in the past year

1 Like