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?
I would go to court and let them decide. I have a court order I claim my kids every year
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?
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
I know cause I dealt with this
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?
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 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
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.
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
Is your address on file for schools and their Doctor’s? Do they reside in your house at least 6 months and 1 day? If so, and you can prove it, file. Doesn’t matter what a judge’s order states. Federal law trumps any judges order.
Depends on your state and your divorce decree
When my ex wanted to do that the tax guy asked if he provided half their care. In other words, did he pay half the house payment, half the car payment, half the utilities. Half the school expenses, etc. If not, he could NOT claim any of the kids.
If it’s in your court ordered paperwork I would not recommend claiming both children. I absolutely understand your frustration. I would be frustrated also. I would try going back to court and asking for a different custody arrangement, child support and claiming both of your children on taxes. Keep documentation on every conversation you have, when he doesn’t take the kids, him not paying their medical expenses, etc. Most likely a judge will side in your favor if he isn’t providing or being present in his children’s lives.
in real life it’s whatever the court has ordered. if you want to claim both, go back to court.
Yyou need to go to court and get it ordered because he is not keeping up his end of the agreement. If he is not financially supporting them then he cant claim them. Keep messages of all the things he refuses to get them. If he tries to claim one and court orders you to claim them then he will have to be audited. Do your taxes before he does and claim them. Document everything.
In my sister situation they have 50/50 an court order for them to flip flop each year
If you don’t have a court order on who files, technically who ever beats the other can file. But he could go to court and show he has 50/50, and if you have no motions in place showing he violated his court order by not taking his kids or not paying for glasses then you can get fined. So I honestly would just stick to your agreement of him filing one and you the other. For future you can modify your court order or every time he asks you to keep the kids and you have to pay extra for glasses take him to court for violating his court order and keep those in your records so you then could have proof if you file taxes. In my opinion not even worth the fight
Our court agreement is alternating years. So one year u would claim them and the next year he would.
The parents or legal guardians. You should be able to claim them both. If you can prove that you take care and provide for them over 50% (I believe it is) of the time then he can get in trouble. That’s what happened to my parents one time my dad (my parents were divorced) was trying to claim me n my brother and he got in trouble because my mom was able to show that she was the one providing for us.
Whose primary residence? Get court order changed to 60/40 n does he not pay half n half with you for what the kids need?
School needs. Personal needs
And usually its who files 1st unless court ordered you both file a kid
You may wanna revisit ur agreement
Before we were married we both claimed our son every other year. With his x wife he claimed one and she claimed the other.
Whoever has the child majority of the year.
If you don’t have anything in your paperwork from court, whoever provided for them more than 50% of the year gets to claim them.
There’s 365 days on a year so someone technically had them more than the other…
If they live with you over 50 percent of the time and you pay for everything then go ahead and claim them both not shit he can do unless you have a court order saying you each claim one
Tax laws have changed. A parent can not automatically claim them. A child must be supported by the claiming parent more than 60% of the physical year.
You can call a CPA and ask for advice in how to proceed. Even if you have a court order with who gets to claim the child, you can go back to court and ask for a revision of the tax decision.
Have your proof of support and proof of absentee parenting, without proof you will be denied.
I wouldn’t just calm them both as the goverment is going to go back and look at both your files and correct it. Then they will go after you for all the back pay it took till they got to it and they audit you. It becomes a mess. Get a lawyer and go back to court for a new agreement.
Court order supersedes anything. So if you have a court ordered agreement each claims one then you have to petition the court to adjust/modify the agreement
Is there a court ordered custody agreement or is it 50/50 outside of court? The way my tax lady (she used to work for the IRS) explained it to me (I was in a similar situation) was that if the children live with you most of the year and you carry their health insurance you are who gets to claim them. I had all of my receipts for doctors appointments, dentist appointments and anything else important they needed. He tried to claim my son and got audited and since I had the proof that he was with me a majority of the year and I was the one to pay all of his expenses I was the one who claimed him.
Whoever has the kids more than half the time legally. My ex and I made an agreement that he claimed her and gave me half of the return.
It completely depends on the custody agreement. If it says each of you pay 50/50 or whatever and he isn’t you take him back to court with the bills/receipts and request his half. As for the taxes if it is said in your court order it is what you have to do. If you want it changed you have to go to court.
Check your divorce papers I had to specifically put in my divorce papers what our agreement was
Go to court. If you have a agreement in place already call them to let them know he isnt doing his part. Then take it from there. If he cant step it up then he shouldnt be able to claim them. But let the court to their job so you dont get into trouble
I’ve been going thought this for a few years. My ex can claim dependence but can’t claim the child tax. As my son resides with me more that 10 months out of the year. From what I understand it who has residential custody get the child tax credit.
It’s never really 50/50 custody so whomever has physical custudy usually claims the child or children unless it is stated in the custody order.
If you can prove you pay for 51% of everything for them then yes, you can file for both of them
Keep the proof. Take it court
Check your paperwork. Just stick with what you are doing. It’s not worth a fight
I’d just let it go. I see your point though I’d be mad too. But when you get taxes, Get her two pairs of glasses. And keep the receipts. And tell him he is responsible if something happens too them. If he still doesn’t want to help take him back to court.
Who ever files first gets them… Say u filed before him …an he goes to claim them…the irs will red flag him an then do a investigation on him
Follow the court order. If you want it changed go back through the courts.
File as head if household and use both kids. Absentee parents should be ashamed
That’s more valuable than money. He wont fight it because that will require him to get an attorney and take time to manage his business…you can list all the expenses he did not help to pay, that’s back support. 2 wrongs may not make a right, but mama got to pay the bills so we do what we need to do
If you don’t have a court order than yes.I’d take him to court for him to pay for half of their medical expenses.
Anything medical over a certain amount he is supposed to liable for half.
Does he pay child support? Usually if they pay child support you rotate years of claiming them
Go to a lawyer and get it revised. Keep copies of receipts and keep track of when he has bailed who has insurance etc. If glasses are breaking at his place then he needs to replace them.
It should be in your court papers. I’m assuming hes paying child suport? If not, I would go that route. Regardless of your feelings, whatever is in the court order you have to abide by until you do a modification.
I’d document all this and go back to court so you primarily have them both then claim them both.
I would not go out of the court order. If you arent happy with it currently, go back to court.
You dont get to just say that you do more so you get to claim both.
Who ever keeps them the most and pays their bills and feeds them and clothes them. I also have joint, however my kids live with me and my ex send $100 every two weeks so I claim. If he claims them we will both get audited and I will end up claiming them anyway.
Check you paperwork hun. If theres no where in that says he is suppose to claim them then you claim them both. If he tries to claim one (or both) the irs will flag both returns and ask you for some paperwork showing that you had them all year and you’ll get your return. It’s simple just tedious
Start keeping a budget of everything you spend money on then consult an attorney and go back to court and request he pay for for medical insurance and request an increase in child support and show them what you have paid for
Tax law says the court orders rule. However, if you don’t have a written order the person with whom they live the most can claim them. Where is their legal residence? At your pediatrician what is your child’s legal residence? If it is at your home you can claim them both. If he tries it would come down to them asking for proof the proof they would use is records from their doctor and school.
The court isn’t going to do shit about it. My children’s father claimed all 3 of my children, one of which isn’t his. I reported it and never heard a word from the irs and the judge and my attorney said oh well. I had to file a paper return amendment and claimed all 3. Waiting for us both to get audited because I have the proof to claim them and he doesn’t.
You need to take him to court with documentation of everything. Dr appts, glasses, meds you bought etc. Show the court he’s not taking 50% of the responsibility & get your custody arrangement changed.
As for taxes I believe whoever claims them first gets the deduction. Idk for sure. I just make sure I do my taxes the day I get my W-2. I know they say there’s rules but they don’t check into had them more or who carries insurance on them etc. They just give it to the parent who claims first.
You want that Earned Income Credit, hunny you take it. IRS: you can claim a dependent per court orders, but Earned Income Credits are stipulated to where child spends most time.
You can claim EIC even when you have granted another to claim your child to honor a divorce decree. Talk to your accountant.
Get a court order that you have to split the cost of those things and keep the receipts to prove what you pay vs what he pays.
If you were together you’d still be doing all those things and he would probably still claim them 🤦
My hubs has twins from a previous relationship. They each claim 1 every year. Medical expenses are split 50/50. But she HAS TO COMMUNICATE drs. Visits etc. If she fails to do that we are not held responsible for that appt. Thats just what our court order states.
Keep record of everything and take him back to court.
It’s whatever is in the court documents. And the medical and everything else should be in there too? I would ask a lawyer about this because the IRS will without your taxes until they determine who is entitled to it. It usually whoever has lived with the parent the most, but with 50/50 then either parent has the right, and they don’t care about court documents. And keep receipts of all the expenses so that when you go back to court for this stuff it can be put in the order the amount he owes you and will continue to owe you if he goes against the court order. All of it is tedious.
is it on your court order?
if you have 50/50, typically you each claim one or else you rotate years claiming both.
Following my friend has some what of a similar situation
- It should specify that in your parenting agreements.
- Whoever files first can, technically.
- If you split 50/50 it should be equal split or as equal as possible. 2 kids each claim 1, 3 kids one parent claims 2 one year and one claims 1…then swap the next yr.
It should say how to handle it in your custody papers…
You should claim them both for sure! If hes not helping with their daily needs then he doesn’t deserve the benefits of claiming them. But make sure ita not in any court documents that you both claim 1 each first
I’d say it should rotate years but with 2 children one and one each year would seem more fair. If you can prove he’s not holding up his end though you need to take him back to court.
Id say whoever makes less claims both…
Whoever has the children the most are entitled to claim.
Curious…do you have them more days than he does…although it’s 50/50 custody??I would think if that’s the case you would claim them…but I think you should ask your lawyer.
Contact your local H&R Block.
Maybe it’s time to go back to court.
Tell him start pulling his weight or your going to have to claim both on her taxes
Keep all texts messages n take them to court for proof then ask to claim both kids
More than 6 months of support gives you the right to claim them. That’s the IRS rule. I had it written in my custody agreement I get to claim them.
You need to do what your custody agreement says. BUT I would make it clear that if he receives a tax refund ( even if he doesn’t) he better pony up on the glasses and his half of things. And I wouldn’t let it go until he takes care of it.
If it’s in your court order on how you both are supposed to claim them, then you have to follow it to avoid being held in contempt. If you want to change it because of those reasons and you feel it’s not fair then try mediation. If it’s 50/50 you both should be claiming but he needs to also be doing his part of the 50/50 deal.
contact family court he needs to learn his kids come before his trying to impress his girlfriend
Always follow the parenting plan… If you think the parentoy plan needs to change, file the correct paperwork. He could come after you for doing it differently than stated. Screenshot texts for proof and go redo the plan and then file taxes.
The tie breaker rule for situations like this is the parent with the highest income gets to claim the child or children
In the absence of a court order the parent that pays the majority of the expenses claims the children. 50/50 should still have a custodial parent that determines where they live. Unless you agreed to each claim one the custodial parents claims.
If it’s not a court order, file your taxes asap and claim both before he has the opportunity to claim 1!!! If it’s court ordered, like mine, you’ll need to go back to court and prove you have them more time than him, and that you do everything necessary for them. Proof you take them to all Dr visits, proof he refuses or makes constant excuses as to why he can’t, proof you pay for replacement glasses because he’s forgetful/ refuses, etc. It’s all about the proof. Prove you deserve it over him and the judge will most likely side with you!
It’s whatever the courts decide. We switch years .
You can still deduct whatever you pay out of pocket for their medical, vision and dental
You can’t force him to be a dad. Sorry
I would if I were you. If you’ve been doing things for them year round &&’ hes been doing the minimum , why should you allow him to claim your kids. Ion know nothing about custody and all that other good stuff because my kids dad isn’t involved. But that’s just my theory but also listen to the ladies that’s telling you about the parenting plan and stuff. Good luck mama
I can answer this: It’s whoever can get to her first. That’s what my ex and I were told by tax company and IRS.
Question …my friend has no custody order or anything saying who claims … but she has always cause dad only has them on some weekends … he hasn’t paid taxes … now got a tax lawyer and says he wants to claim them now for past years and this year … said he wanted 3 years when she said no he was like … then I’m gonna go back 7 years . But he always tries to scare her into doing it his way suggestions??
Claim them both if he’s not financially helping or even have them half the time
F him and his excuses
Whatever the court order says. If no order, claim them both. He has to prove the kids lived with him or he paid more.
I’d file taxes asap then head to the courts for an emergency amendment for full custody. Make him be responsible for something rather than let him skate and reap benefits he doesn’t deserve.