Do you have a signed agreement --- or a signed Form 8332? The IRS cares who has the children for the most nights. If that is you then stop worrying about what you ex is doing and file your own correct tax return and claim your children. If he files first and you cannot e-file then you can mail in your return; the IRS will process it and you will get the child-related credits that you qualify for. It will not take "years"---but the IRS will sort out who could really claim them. It could take up to a year and then you will both get letters. Be prepared to show that the kids spent at least 183 nights with you.
Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?
If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 18. (for 2020 the age limit was under 17---it changes to under 18 for 2021).
As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.
If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child.
We do not know if you would have to pay any advance payments back. There are some safe harbor rules that allow parents at certain income levels to keep the CTC money received even if they do not end up claiming them on a 2021 return. The rules are complicated and seem to be updating frequently.....it is all so new and we are all trying to keep up.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
