Divorce Tax Dependents – Claiming Youngsters on Taxes after Divorce

Christy’s Query: My ex-husband needs to assert each of our kids on his tax return. The youngsters dwell with me and we’ve been divorced for 5 years. Does my ex-husband legally have any proper to assert both of my kids in any respect?

Brette’s Reply: It relies on who has bodily custody of your kids. Based on the IRS, solely the custodial mum or dad can declare the dependent exemption (the dependent exemption deduction is zero, however the eligibility to assert this exemption could make you eligible for different tax advantages).

Becky’s Query: I used to be divorced in October. There may be nothing within the divorce settlement about taxes. I’ve bodily custody and we share authorized custody. Do I get to assert each kids on my tax return or do my ex and I every declare one baby?

Jacquelyn’s Query: My daughter not too long ago began kindergarten and is now dwelling with me. He hasn’t picked her up on the weekends and barely calls. He additionally hasn’t paid any baby assist from the second she began faculty. Can I declare her as a dependent for taxes subsequent 12 months since I’m taking good care of every thing financially, mentally, emotionally, & spiritually?

Brette’s Reply: The tax exemption for dependents relies on your custody order. The mum or dad who has the kid greater than 50% of the time takes the kid as a dependent until the order states in any other case. You possibly can file for baby assist if you need common, reliable funds. 

Susan’s Query: If the divorce decree mentions that  the custodial mum or dad can declare the kid as a tax exemption, is that this for yearly or is there any means this may be amended to each different 12 months.

Brette’s Reply: It means yearly, however you’ll be able to search to get it modified if there was a change in circumstances.

Lisa’s Query: I’ve full custody of our 2 kids and my ex has visitation each different weekend. In our divorce decree, it states that I’m entitled to the two tax exemptions every year, however now my ex needs to assert the kids as a result of he’s financially strapped. Does he have any authorized means of forcing me to surrender these exemptions?

Brette’s Reply: No. In case your court docket order provides them to you, he must search a modification to get it modified. A modification can be unlikely because of the reality he does not have residential custody for greater than half the 12 months.

Allison’s Query: We’ve got joint bodily custody and I’m to assert our son on even years and the daddy is to assert him on odd years, for taxes. My query is – is it based mostly on once you file the taxes, or the 12 months for which taxes are filed.

Brette’s Reply: That often refers back to the tax 12 months you might be submitting for.

Mimi’s Query: Each different 12 months my ex-husband and I swap who claims our son in our taxes. After I was doing my taxes on-line, I forgot to delete my son’s data, so I unintentionally claimed him. I known as his dad straight away, advised him what occurred, and stated I used to be going to offer him the cash again as soon as I get it. Now he’s going to his lawyer, saying I did it on function and that what I did is towards the legislation and it is a felony. Assist.

Brette’s Reply: The best factor to do can be to amend your tax return to appropriate the error. Good luck.

Kelly’s Query: My divorce decree states that my ex can declare 2 of the three kids. I’ve claimed all three for the previous 5 years since we’ve been divorced. He tells me I’m in contempt of court docket. Nevertheless, he’s behind about 15k in baby assist and sees them possibly annually. I increase them and assist them, so who’s appropriate?

Brette’s Reply: What I do not perceive is why he did not declare them if he’s entitled to? There was nothing stopping him. Technically, you violated the decree by claiming them, however the truth that he did not try and makes it just about a moot level. If he goes again to court docket to trigger you bother over this, he’s going to seek out himself in contempt for the again assist.

Robyn’s Query: I signed and agreed in my divorce decree that I might permit my ex to assert our son yearly and our daughter yearly I’m not working. He despatched me the shape 8332 and I alter my thoughts about permitting him to assert them so I refused to signal them. Can I be held in contempt for this?

Brette’s Reply: Sure. You possibly can search to switch the order when you’ve got a cause. Good luck.

Heather’s Query: I’ve been claiming my 3 youngsters for the final 4 years on my taxes. Our divorce decree did not stipulate who will get to assert them on their taxes, so I’ve claimed them since I’m the custodial mum or dad. Now my ex gave me papers to switch the decree so he can declare 1 of the kids on a regular basis and 1 baby each different 12 months. Do I’ve to signal this?

Brette’s Reply: No you would not have to comply with this. If he needs it modified, he can current his case to the court docket.

Karen’s Query: My ex has claimed one in all our sons on his taxes in keeping with the availability in our divorce decree, however supplies little or no to each of our kids and solely sees them 28 hours a month. Can I petition the court docket to have this modified and what data do you must present to take action?

Brette’s Reply: Sure, you’ll be able to definitely ask to have this modified. You would wish to offer details about how a lot time he spends with them and what sort of monetary assist he supplies.

Query: It’s not in our divorce decree who will get to assert the kids every year for taxes, however we’ve a verbal settlement to alternate years although I’m custodial mum or dad. Does a verbal settlement suffice for the IRS and nonetheless qualify me for Head of Family?

Kathy Asks: We’ve got cut up custody of our son and it is my flip to assert him on my taxes. Since I have not had a job in a 12 months, can I let my ex declare our son? Additionally, would he have to offer me any of the tax refund he will get?

Brette’s Reply: In case you’re saying it is your flip to assert your baby as an exemption, however you don’t have any revenue so your ex goes to take the exemption as a substitute, no he’s not required to provide the cash he saves on his taxes. You are solely entitled to take the exemption your self. In case you are waiving your proper to take it, he can use it and does not owe you something. Now, you may wish to be good about it and say that you just’re not going to waive your proper until you get one thing in trade.

Melynda’s Query: In my divorce papers it states that I declare my son yearly. My son spent his senior 12 months at his dad’s. Can I nonetheless declare him?

Denise’s Query: After I was divorced, my papers said we shared joint custody, with me claiming my son each different 12 months on taxes. Custody was modified later in order that I’ve bodily custody, however the tax half wasn’t addressed. I simply assumed that there was no means he may declare our son as a result of he doesn’t dwell with him. Now my ex plans on claiming him this 12 months.

Brette’s Reply: Since 2018, the custodial mum or dad was the one who was capable of declare the dependency exemption for his or her kids. In case your divorce papers nonetheless say the dad and mom will alternate years claiming the kid for tax functions, it will have to be modified because of the change in custody.

Jennifer’s Query: In our divorce settlement, it stipulates my husband can be entitled to assert our son on his taxes as a result of he had custody. However 2 years in the past he dropped him off with me and now solely sees him a few times a month for a couple of hours. Can he nonetheless declare our son on his taxes if he is not the residential mum or dad? Additionally, what can I do to vary who will get the deduction?

Brette’s Reply: You will must go to court docket and have custody formally modified and shift the revenue tax exemption as nicely. At this level, he is entitled to assert it for the reason that paper gave him that proper.

Cinniman’s Query: My quickly to be ex-husband needs to have the ability to declare my son on his taxes regardless that I would be the custodial mum or dad. He says that if he claims him he will probably be paying extra baby assist. Is not the custodial mum or dad the one who will get to assert the kid whatever the quantity of kid assist?

Brette’s Reply: That is often decided within the divorce decree. Some dad and mom alternate years. In different conditions, just one mum or dad ever takes it. Taking the dependency exemption doesn’t imply your ex will probably be paying extra assist. Actually, it may save him cash on his taxes.

Jennifer’s Query: Our divorce papers state that the daddy can declare our oldest baby on revenue taxes. Nevertheless, over the previous 12 months he has solely had them about 4 days out of the month. He’s additionally over $500 behind on baby assist. Would he nonetheless be capable to do that legally?

Brette’s Reply: Underneath the brand new tax legal guidelines, the custodial mum or dad is the one who’s eligible to assert dependent kids. Since your son solely stayed together with his father for lower than half of the 12 months, he can be ineligible to assert the tax credit. You want to return to court docket to get that modified in your divorce papers. Good luck.

Jennifer’s Query: I’m the custodial mum or dad of my son. As a part of our divorce decree, my ex has to pay half of the daycare prices. I perceive that solely the custodial mum or dad can declare the dependent childcare credit score. However what just isn’t clear to me is do I solely declare my half or do I declare the complete quantity we pay collectively?

Brette’s Reply: You possibly can solely declare what you personally pay.

DeAnna’s Query: My ex pays baby assist and for daycare bills by way of our baby assist settlement. He has received the suitable to assert our daughter as a dependent with the kid tax credit score. Based on the IRS web site, solely the custodial mum or dad can declare daycare bills. I’m the custodial mum or dad however he pays the daycare bills by way of baby assist. Is it okay for me to assert the daycare bills?

Brette’s Reply: In case you do not pay the daycare prices your self, you are not eligible to deduct them. Speak to your tax advisor about this rule and the way you may make some adjustments to qualify.

© WomansDivorce.com | Up to date February 23, 2026

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