Dependents

[Nstark86x]

My father's son and I split in march, he claimed both children (My daughter has a different father)

Now I'm trying to update to add dependents to claim the child tax credits, because I will be claiming them next tax season.  How do I go about that,I tried amending but can't 

Thank you 

[DoninGA]

There is nothing for you to update since you will be claiming the children as dependents on the 2021 tax return that you will file next year in 2022.

The Advance Child Tax Credit being distributed by the IRS in 2021 would be only available to the party claiming the children as dependents on a 2020 tax return.  If he receives those advance payments and does not claim the children as dependents on the 2021 tax return he will have to pay back the advance payments received.

[xmasbaby0]

You split in March of 2021?   If all of you lived together for all of tax year 2020, it is not clear whether your "ex" could claim both children.   He could only claim your daughter  (the one who is not his child) if she lived with him the whole year in 2020.   Was that the case for 2020?   Did you file a 2020 tax return for yourself?  

You can try to change which children you are claiming on the IRS Manage Payments portal for the child tax credit if you are trying to get the monthly payments for 2021.  Your ex should opt out of the payments so that he does not have to pay them back next year.  Amending your 2020 return will not accomplish that since it takes at least six months for the IRS to process an amended return.   As for whether you can/should amend to claim both children for 2020---that is a different issue and we do not have any facts regarding that issue.

https://www.irs.gov/credits-deductions/advance-child-tax-credit-payments-in-2021

https://www.irs.gov/credits-deductions/2021-child-tax-credit-and-advance-child-tax-credit-payments-t...

If you do not receive the monthly payments you will be able to get the CTC on your 2021 tax return.

[Nstark86x]

Sorry yes March of 21 we split.

I did file a return this year. 

I've been waiting for the irs to put the portal up to change dependents, but he will be difficult and probably not opt out, so not sure if it will help me anyway. 

Thanks for your help much appreciated 

[xmasbaby0]

You really do not have to worry about whether he opts out.   If you are the custodial parent for 2021 and you claim the children on your own 2021 tax return, then paying back the advance payments will be "his" problem--not yours.   As already stated, you can get the CTC on your own 2021 return.