@T-Fischer wrote:
OR - can I simply amend each year as filed (bring up filed taxes, add claims for the children, print amendment)? Will I be hit this next year with taxes on this "income"?
Yes, that is the only way - each year separately. And a refund is NOT taxable income.
Beware though, that a court order does not override Federal tax law. You cannot claim a child unless you qualify under Federal tax law reguardless of any court order. You can only claim the EIC, and child care credit if the child actually physically lived with you more than half of each tax year and the child care credit have additional requirements even if the child did live with you.
Further, if you are not the custodial parent then you still need to attach a release of custody form (8332) signed by the custodial parent to the tax return.
You can only amend the 3 prior years for a refund. Each amended return must be mailed is a separate envelope - if mailed together it is likely that only one will be processed.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
