Major life milestones often have a major tax impact. Changes in your marital status, having a baby or adopting a child can have significant impact on your taxes. This is the place to ask questions about dependents, real estate, and other various scenarios that play a significant role in what taxes you pay.
01-17-2014 11:16 AM
My divorce has been final for over a year. I have two teenagers who live with me the majority of the year (they alternate weekends and spend a little more time in the summer with him). He pays CS and makes more than I do. I meet the qualifications for HOH (I claimed it last year) but am supposed to waive the dependency exemption to him every-other year. Since he cannot claim HOH status since they don't live with him more than half of the year, can I still claim HOH though I'm waiving the exemption? Also, I received EIC last year, and would qualify again this year - can I file for it though I don't claim them for the dependency exemption?
01-17-2014 11:46 AM
01-12-2017 08:27 AM
I have been in the dark so to speak on how this EIC works for a few years now apparently! My ex husband has not had visits with my two in years. He has claimed the EIC all these years and I have missed out on getting it. Is there anything I can do about him filing for the EIC and him not meeting the residency test? He is going to attempt to file taxes on my daughter this year and I am trying to file first since I have NO clue how to stop him from recieving the EIC when he doesn't qualify in not having my daughter in his household at all through year. He does pay childsupport for kids, and in our divorce he is to claim my daughter as dependant. HELP!!
01-12-2017 12:54 PM - edited 01-12-2017 12:56 PM
01-12-2017 01:07 PM
Welcome to the community Anna1978
with the information you have provided, you are indeed the custodial parent of your children and are the only one eligible to claim them and the credits that follow unless you sign an 8332 giving your ex the right to claim them as exemptions and to receive te child tax credit and additional child tax credit if he meets the requirements. ( if your divorce decree was before 2009 and does not contain any contingencies, he could attach that to his return instead of the 8332., signed by you.) Only you are eligible to use Head of Household status, EIC,and child care credit, if you meet the requirements. He is definitely not eligible for EIC and Head of Household and should never have received it.
You can amend any open years to claim HH and EIC (2013, 2014 and 2015). Attach information such as school records, rent agreement showing the children live with you, etc. . ÍRS will then apply the tie-breaker rules which you, as full time custodial parent would win.
I would suggest you visit an HRBlock office and explain your situation to them. They will be happy to assist you. Depending on your income, this could mean a substantial refund for each year.
I might mention, your ex will be required to pay back all the monies he received by filing his returns incorrectly.
I hope this information is helpful.
01-12-2017 05:30 PM - edited 01-12-2017 05:35 PM
01-12-2017 08:16 PM
Welcome to the community.
I'm sorry to hear that this has happened to you, but let's see if we can prevent it from happening again.
First, you should definitely file your tax return as soon as filing season opens at 8am on January 23rd. If you're able to do that then chances are your ex-spouse will not be able to claim your kids because you will already have done so.
Next, in addition to Will's suggestion, you should call the IRS' identity protection dividision at 1-800-908-4490 and request an identity protection PIN number for each of your kids. This will prevent anyone other than yourself from claiming them for at least 3 years starting with your 2017 tax return. IP PIN numbers change each year, so once you file your tax return your IP PIN for the year cannot be used again. The IRS issues you a new PIN number each January, but they will only send your IP PIN letter once, so make sure you put it in a safe place when you receive it.
I hope that I've been able to help you out.
Senior Tax Advisor (Tampa, FL)