Who should keep tax money?

Who should keep the taxes money from the dependents . I have 3 kids 8,3,4. Me and the dad are not together he gives me $1,100 for our kids I stay with them I take care of everything he just takes them every other weekend.He wants the money from the taxes from 2 kids and I keep 1 and we will switch. He spends out the whole year 2 weekends per month from Saturday 9am-4:30pm do you think we should do it like that. He earns way more than me.

13 Likes

Do you have a court order? If so, follow that. If not, then the children are with you primarily therefore you claim them.

21 Likes

Tax money and any other supplements go to the primary caregiver.

22 Likes

There’s a law for this, you should be able to Google it. I used to work at H&R Block but can’t remember exactly. It’s something like whoever the children reside with for 70% of the year or more, gets the tax money.

3 Likes

I think if he supports them and takes them every time he’s supposed to, let it be fair. You claim one he claims 1 and switch the third every other year. Why not be fair about it? He may earn more but he also pays you for that.

14 Likes

The courts would tell you, you get to claim them if you have them Over 60% of the time.

4 Likes

No the person that has the children majority of the time is legally the only one allowed to claim the children. Why should he get all that money when he only gets them 2 weekends a month. He only wants to give you $1100 when you should get anywhere between $1000-$2000 per kid? No no no no is all I have to say

4 Likes

I claim 1, my ex claims 1.

If there is no court order, YOU claim all. Tell him you’re claiming all children, and his will get flagged. He wants to play dirty games? Play mama.

4 Likes

IRS says it whoever has them 6months or longer through the year. He doesn’t have them that much by doing every weekend let alone every other.

2 Likes

The person with primary custody is the only one qualified for earned income credit me and my ex used to just split it

3 Likes

No, u should definitely be the one with the tax money not him

2 Likes

Does anyone know which court do you go through to get the order to swap years for taxes?

Kids have to live in the residence for 6 months for the parent to claim the kid on their taxes

4 Likes

If they live with you at least 50% of the year you should be claiming them, not him

1 Like

Dad because he’s the one who’s working for them financially. Staying with your children should not be considered work or a job to you those are your kids wouldn’t you want to stay with them if you need the tax money for the kids write out a list of things your children may need and kindly give it to him and say I know your getting tax money for 2 of the kids here is a list of things I think our children may need. If he’s a good dad he will obviously look after his kids don’t be money hungry when it comes to your kids trust me they see and hear everything

1 Like

This should have been determined in your custody agreement. He cannot change it.

1 Like

Generally if he’s paying child support it should be 50/50 so you get say even years to claim them on taxes and he’d get odd years

1 Like

NOPE! The Parent the children PRIMARILY reside with meaning 6 months out of the year claims the dependents.He can only claim them if You agree and HE KNOWS IT! Doing so without a court order will get him Audited and PENALTIES

1 Like

In all honesty, if you have the kids, the majority of the time you’re supposed to get taxes for all the kids and he doesn’t get them.

If you make less you will get more back than him. So if you. Have the rights to claim them do so to benefit you and the kids

2 Likes

If you’re not working then he can only claim them on taxes.

Our court order has us switching years. Since he pays child support, we alternate who claims even tho I have the majority of the time. If he’s paying, then swap. He’s probably getting less back in taxes than what he pays you all year, so in the end, you are ahead

1 Like

If you do allow him to claim the kids, he should give you any refund money he gets

Who ever had the higher income, even if you file married but separate the irs is gonna give it to the higher income parent. (At least this is what I was told by multiple tax professionals when I filed 6 days ago).

My children lived with me primarily, I didn’t receive child support, and he made a great deal more than me HOWEVER because he was always there when needed, a great Dad and provider, he paid atleast half of any medical bills, braces, etc. WE SHARED 3 every year. I think this comes down to co-parenting.

1 Like

Not sure what the court order says if you have one. If you don’t you are not obligated to have him claim the kids on his taxes. If thr children live with you Jan to Dec then you have the right to claim them as their fulltime caregiver and custodial parent.

If y’all have a court order paper work I would read on that cause most of the time it will say in the paper work y’all have to rotate years on claiming the kids.

Neither of you…get each kid a savings account and put the money in there.

1 Like

If you have them full time, it should go to you.

1 Like

Unless you have a court order that says you switch each year, it’s whoever has the kids the most. 60/40
So if you have them 60% of the year, you claim all of them, and you keep all of it.

6 Likes

So, my husband and his ex wife each claim one child. When the oldest moves out, they have to alternate years claiming the youngest. Per court ordered. Legally, through court, just because you have residential custody, does not entitle you to solely claim all dependents each year. Unless, he doesn’t pay child support, then half of that money is his.

U clam them. Point blank period. Unless a judge orders him to claim every other year during ur divorce hearing. If not YOU claim them.

If you make less you should claim, you will get more

2 Likes

It says right on the tax forms. Does this child reside in your home at least 60% of the time

Even know he is claiming the kids, He shouldn’t be marking that they live with him. You can claim them at the same time saying they live with you. Both of y’all mark that they can be claimed by the another person. This is how I did mine and my ex husbands for years. You get the money he just gets put in another tax bracket.

1 Like

If the kids are with you and he only has them on weekends that’s your tax $

2 Likes

They live with you more than 6 months out of the year you get the money if you decide to share it with the father that is your choice

All you momma, give him nothing

You’re crazy for even allowing this man the time of day to have this conversation! If YOU take care of the kids, 24/7, unless it’s HIS weekend… YOU deserve the money!! Who else is going to pay your bills, feed them, and not to mention clothe them??

1 Like

For tax purposes, and this is coming from the irs, it does not matter what your court papers are or what agreement you have set in stone. Federal law dictates that the parent who has the children more than 50% of the time is the ones who claim the dependents.

1 Like

We’re yall married? It would say in court order who claims who, if not its ALL yours!

Your not getting enough for child support that’s for sure

1 Like

You should be claiming all of them not him.

3 Likes

He gives you what? 1,100 a month?

Whom ever has the kids in their care more should get the tax money.

He supports them just as much as you do. He pays you 1100 a month it would be fair to switch every other year.

He’s using the kids to get money and long as they live with you then you claim them

Nope nope nope unless a court order says he can. They are legally yours to claim.

If there isn’t a court order in place, you claim them all. IRS may delay your refund or ask for additional info like school and doctor records to prove they live with you. He will then have to pay back if he’s already been refunded. You can also file a corrected claim to do this for previous years. I know this from personal experience. After he had to pay back with interest, he stopped and also started paying child support.

You can do the paperwork online to file with the court. The commissioner will decide the distribution.

My ex and I split it up and then last year he had had a harder time paying child support which happens and I needed the extra child or I was going to owe more so I spoke with him and he said for me to claim the child. I think you can work it out together if you communicate. I know that’s not always easy but if you can try and work it out together

1 Like

If they live under your roof majority of the time, you claim them but ultimately it’s up to you not him. He pays child support because that’s his responsibility, that and taxes have nothing to do with each other, in my opinion anyways.

What do you want a cookie or something :roll_eyes::roll_eyes: sounds like your trying to make yourself feel superior to him because how visitation is set up…

If you have them all the time you should claim them because you’re taking care of them

You should get the money not him

My court order was that he got to claim them every third year but I still could claim them for the earned income tax credit and he claimed the child tax credit.

Imo…the children’s main home is who should get it…ifbthe dad gets every other weekend then I think you should be entitled. If he was living with you he would be paying alot more than that a month for yhe kids

you get to claim them everytime. My boyfriend has gone through that with his ex and their kids. He paid child support and took the kids every weekend but she still claimed them every year. The past 2 years, one of the kids has lived with us full time and the other lives with the mom full time. Now there is no child support paid and each parent claims the child that lives with them.

HELL NO and he only has them half of ONE day twice a month not even whole damn weekend and even if he did he is in no way entitled

Legally you. The children live with you more than 50 percent of the year. Therefore you are to claim the children and use the money

2 Likes

Alternate years of who claims the dependents.

Whatever the court order says or whoever has them the most. I am pretty sure that you only get the larger amount back for 2 kids so if y’all are civil and everything it might be nice to let him claim 1 since you’d only get a little bit for the 3rd kid anyway.

Whoever has them most is supposed to claim them. He wants to claim them he should have them more.

3 Likes

If you have them more than him that money is yours. You care for them majority of the time.

If you have full custody and their residence is yours and you take care of the 24/7 it is your tax money to claim! No one else’s!

2 Likes

Legally speaking if kids live with u u get the tax money or its fraud

6 Likes

Whether he pays support or not you have them more than he does and he can’t claim them you can fight it and just prove you’ve had them more it’ll take longer to get your taxes but this year isn’t like last year anyway it’s not as much per kid this year so if he’s thinking he’s gonna be walking with a good amount he’s not plus if he makes way more than you he’s just being selfish that money is for the kids

2 Likes

No. The kids live with you basically 98% of the time. You claim them all and keep the money. Now if you want to be nice, you can always give him a few hundred…

4 Likes

If unhave them more than 50 percent of time then u claim them…

4 Likes

You have custody majority of time, you get to claim them

1 Like

By law, it’s whoever has the kids most; which is you. Don’t let him strong arm you into letting him claim them.

2 Likes

Unless it is specified with a court order, the fair thing to do would be to switch off every year or as he suggested since you have 3 children is that one year you claim 2 and he one then alternate the following year, he claims two and you one.

That is the fair thing way to do it.

Who pays over half of their support, housing, food, medical and dental care, clothing, by law is the one to claim the children and if you are working and you are spending more than 13200 a yr to do the care, you claim them. No tax agreement on them in divorce, your decesion. If me I would claim all three and file taxes before he does. Amt of physical time taking care of your children or seeing them has NOTHING to do with tax claims in your situation.

I think what he suggested sounds fair. He pays child support & takes them when he’s supposed to.

Oh the woes of a divorced couple

if you have full custody you should claim on taxes . my oldest daughter from my ex he claimed 1 yr after that i claimed most of her life. now currently i have 2 more kids with my current not married he claims 1 and i claim 1 currently.