This is a question for a tax expert.
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He might end up paying but he could definitely try to fight it in family court
Perhaps you should contact your tax preparer…………
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You pay 2021 taxes in 2022. If he can claim them in 2022, he will not actually do his taxes til 2023.
Unless you mean he can claim them on his taxes when he does the paperwork in (April) 2022, that’s different. Then she’ll have to opt out or send him a check every month. It’s actually too late to opt out at this point so, if she didn’t, she’ll need to send him the money.
Best advice should come from who ever does his taxes.
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Go to a LEGITIMATE tax consultant
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Im assuming you’re in Canada… If you go online to the CRA website where you can access your account, it asks you on there if you share custody. I dont know how it works because I dont have shared custody but it does ask on there and I’m assuming, yet again, the government has something set up so they can automatically add things up. Child tax also goes by what you make the year before. So if he’s filing in 2022 for 2021 tax year, it will go by how much he made for 2021. You won’t really know how much he will receive until he does his taxes in 2022. But CRA does have a CCB calculator on their website that you can use. Again… if you’re in Canada 
If he is allowed to file the kids on 2022 taxes that wouldn’t be this year it would be the following year so the advance payment would be hers anyway.
I don’t know if this advance credit will take place in 2022
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If she didn’t opt out for July, she can still do that for august. Once she opts out, she cannot opt back in. It’s a one time thing. She’s messing with his money for his taxes so she doesn’t have a choice. She will owe all that money back and then some if she doesn’t opt out. It’s too late for July to opt out. She will get that payment. But she better hold onto it. She will have to give it back next year.
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Is he able to file on 2021 taxes, or is his filing allowed for 2022 taxes?
But, if it’s his year to claim, she most likely should or has opted out of receiving the payments. Then she will owe nothing, and he will claim them, and recieve what he is suppose too, either way.
So from what I read neither qualify for the advancement because you had to also have the kids on your taxes last year (that knocks him out) and be claiming them this upcoming year (knocks her out) in these situations of alternating claims I would say its best to opt out and just do taxes normal as long as neither house desperately needs the money for the kids (seeing as the whole point of the advancement is to help with households struggling due to all the crap that came with the virus) Also hopefully its a good coparenting situation because if she does get the advancement and or tries to claim the kids to keep it it could get sticky and as previously stated foc doesnt always help even if its in the order. My taxes got held every single year until my daughter was like 6 because my ex also tried to claim her even though he barely saw her and wasnt paying support 9/10 times.
You will both need to opt out of this every year or be 100% fair with eachother and give those payments to the parent when it’s their year
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If you mean he is going to claim them this tax year she gets the payment and he will also and she doesn’t have to pay it back if she makes under a certain amount so they both get it
The payments being made now are for the child tax credit from 2020. Those will not effect the 2021 credit when you file next year.
He needs to talk to a tax professional and possibly a lawyer because I’m certain it will affect his taxes because it is for the kids he will be claiming!
How many of you do taxes professionally? Trained bookkeepers? Or even a legal tax preparer? Why do people ask for professional advice on facebook?
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His ex Should go on the portal and opt out of the payments
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Both parents have to opt out. Not just her. But if she claimed this year she should get the credit. Is he current on child support? Because tax refunds go to back child support too.
He can do online and fix it
If he goes to the IRS website, it’ll tell him whether he’s eligible. It’s been looking like it may be split between parents instead of just one parent receiving it.
I had a similar experience with my daughter. Her dad had to opt out of payments
I read that it will not affect the parent that claims it the next year and the person getting it this year won’t have to pay it back if they make less than $75,000 a year. Everything should go as normal.
Ummm this credit is for 2021 taxes lol…
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She can opt out of recieving monthly installments. If she chooses not to then she will have to pay it all back when she files. It would be convenient for your partner to keep a copy of the court orders and his 2 previous taxes files on hand in case she does decide to file and he needs to send in proof to irs.
He’s probably not going to get this half of the year because she has been claiming them. If she opts out he’ll get the whole thing if not he’ll get half. He better talk to his ex to make sure she opts out.
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Kinda same situation with my ex. He claimed our two since court ordered it three years ago. This year they wouldn’t let him claim due to I have custodial rights. I didn’t claim them either because he was supposed too.
My h&r block rep told me I could claim it all next year as I am custodial parent and they lived with me most of the year… no matter what court papers say. So I’ll just have to wait and see
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He shouldn’t get it this year then. It’s for 2021
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From my understanding from a tax person. If she gets the payments and doesn’t claim them next year she will have to pay it back. He should be fine.
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When they file taxes next year, she will have to claim that she received it but then will have to pay it back since it’s not her year to claim and he will get the full amount at tax time.
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Ask a professional. All these diff answers 
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If he gets to claim for 2022. It will actually be him doing it when the year is 2023 for the previous year. So you should be ok
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She has to opt out of the monthly payments since she claimed them last year
Moms gotta opt out i believe
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You guys should probably tell her that’s a bad idea and to opt out of those payments. Otherwise she will likely have to pay that back come tax time.
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If she was smart she should opt out 
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Either opt out or ask him if he can file with the kids in 2023 for 2022. If she gets the payments and doesn’t claim the kids she will end up paying the money back because it’s half of what you would get from child tax credit. If there isn’t any children on your taxes then there is a problem because she won’t be getting the tax credit at all. Another option is he could opt for the payments and let mom have the money if they get along well.
The parent who has the child the majority of the time is the one entitled to the additional credit
I think additional information is needed. If his claim year is 2022, then that’s a whole other year away in 2023. If your saying 2021 is his claim year then I’d give her a warning to opt out or she will have to pay all of it back because she won’t be claiming them.
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In the new year when taxes are done it will be taxes for the year of 2021 so it shouldn’t affect him. You can’t do 2022 taxes because that year has not come and gone yet it’ll only be 2021 taxes.
Help a mama out and respond anonymously on our forum. What will happen with my husbands child tax credit?
Contact the irs about it. Next yr when it comes time to file if the court order says he can claim the kids then, then he should get it as its an advance of the child tax credit, but since she did claim the kids this yr and they go by that when sending it out they will send it to her, unless she does opt out, but come time to file taxes if she did recieve it and doesn’t claim any kids the irs will want it back and they will just adjust her taxes and take it as they will say she was over paid when they catch the mistake. With being a court order the irs doesn’t keep track of why can claim the kids when, so they can contact the irs and figure out how they can get the advance on the child tax credit if come tax time its their time to claim the kids.
Who do they live with. The person who cares for them most of the time ought to get the support needed for food, childcare, shelter, activities, etc that it takes to raise kids. Trying to take that away is wrong.
Talk to a tax consultant.
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So im going thru the same situation with my ex husband. He gets even years I get odd years. Since he claimed her for 2020. And didn’t opt out he gets the pay sent to him. But since the money is coming from my tax year he’s required to send the money to me. By law and by our divorce decree. If the money isn’t set to the proper person the person who received it can be sued in court.
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Shouldnt affect his he isnt getting it she is
I would be asking the CRA or a lawyer, not random people on Facebook.
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If she is getting the child tax credit he will not be able to claim them on his taxes because she technically already is
Get clarity on which TAX YEAR he is eligible to claim his children.
If it is for the 2022 TAX YEAR, don’t worry about it as taxes for that year are filed 2023.
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it will be based off last year taxes. so who ever filed them last year will be the ones who get it.
Actually mom is entitled to them. He’ll still get some back
They will probably give you the credit and him but tell you that you need to pay it back. Better opt out if it’s not too late.
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According to what I have read, she will have to pay it back.
It states if you aren’t claiming them on taxes not to claim the monthly check
if he to file them for 2022 then he is not receive this. because when you file taxes you filing the previous year. so come jan you are filing 2021 taxes. he will be fileing kids in 2023 for 2022 taxes.
My ex got to claim the kids for the dependency credit but if the kids live with me I still got the other kid credits myself. I didn’t have to give him anything from my return.
Oh the dramatic concerns for nothing….
Imagine the ex wife making more than 75k a year as a single mom and not receiving the child tax credit lol
Parents will claim the other half of the tax credit when filing taxes. The advance payments and increased amount are currently set to end at the end of 2021. Unless a new law is passed, the tax credit will revert back to $2,000 per child, with no advance payment option.
As a CPA, ask your tax return preparer. They will ask the right questions to give you an accurate answer.
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That’s why we have hr block do ours they explain it
I can’t imagine that he’d get the full amount. It’s an advance on next years refund. Call a tax preparer.
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No she won’t pay back anything he don’t get the tax credit just the exemption. Because the kids have to live with him 6 months to get child tax credit he can only claim the exemption not the credit. No she don’t pay back anything bet the taxes was from 2021. She get exactly what she’s getting but not exemption for 2022
It’s just advance payments. Adjustments will be made for overpayments as well as monies not advanced during the year.
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Can he claim in 2022 for the 2021 year or in 2023 for the 2022 year?
Talk to a tax accountant
She needs to go and unenroll for the payments else is going to be a huge mess later
The tax credits are for the 2021 tax season… So they’re hers.
I’m sorry… You need a tax professional. Listening to people can get you caught up.
I’d have him talk to her about splitting it in half. That’s what my ex husband And I do
Mom needs to opt out or she has to pay back the money
Ask an accountant that specializes in taxes.
Call the IRS, and ask them!
If she gets the money in the payments now then she has to claim the kids in this upcoming tax season. Went through this is my husband and had to call my tax lady to verify. She would have to go to irs website and opt out of it.
It wouldn’t affect him at all… it’s an advance on the 2021 tax return… which is filed in 2022. Unless you are stating that he is claiming the kids for the year of 2021. In that case I’d chat with the ex, and have her give you the payment for July, then opt out of future payments. Keep record of payment.
Why not get advice from someone who prepares your taxes?
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My boyfriend has the same issue and his ex will not opt out but he was told that the advance is only for half of the child tax credit the other half you get when you file. It’s supposed to be up to 3600 for 2021 during the advance payments whomever receives them will receive half of that and the other half when taxes are filed. It’s still confusing as heck though.
She needs to exclude herself from payments cuz they come from 2021 taxes ( filled in 2022) that y people are worried they will owe money…but I think she maybe they one to get screwed if she collects because without kids to claim ( its his year) she will owe that money back…good luck