My fiancé claimed my kids on his taxes in 2019

Forum|Forum|4 years ago
February 1, 2022
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DoninGA

Level 15

So what is your question?

Mike9241

Level 15

assuming the kids were qualifying children to both there are tie-breaker rules

1) the parent if both of you are then

2) the parent with who the child lived the greatest portion of the year if this is a tie then

3) the parent with the highest adjusted gross income

4) If the parents can claim the children but no parent so claims the individual, such individual may be claimed as the qualifying child of another taxpayer but only if the adjusted gross income of such taxpayer is higher than the highest adjusted gross income of any parent of the individual.

if he was not the parent you had the right to claim them. if that's what you wanted (4) above doesn't apply,

you could file an amended return claiming them. he would have to file an amended return to remove them from his return

if he was a noncustodial parent that you wanted to allow to claim the kids you needed to furnish him with a signed form 8332, which he need to include with his return.

Mike9241