My ex wife might try to claim our kids even though it’s my year to claim them. I want to be sure to file before her and was wondering if mine will be filed quickly.

Forum|Forum|4 months ago
January 19, 2026
1 reply
0 views

My taxes are done and ready to be filed as soon as the IRS opens.

TurboTax Online

xmasbaby0

Level 15

The IRS will begin to accept/reject e-files on January 26. Until then, if you e-file, your return will just sit on a server, waiting for the IRS to open.

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 17. If the child is 17 or older the non-custodial parent gets the $500 credit for other dependents.

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

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 the other parent files an incorrect return claiming the child then your recourse is to either file your own return by mail so that the IRS sorts out the duplicate use of the children's SSN's or you can obtain six digit IP PIN's for the children to use on your own return.

GET IP pin in order to e-file if your dependent’s SSN was claimed on another return

https://www.irs.gov/newsroom/irs-takes-steps-to-help-prevent-refund-delays-by-accepting-duplicate-dependent-returns-with-an-ip-pin-for-2025-filing-season-taxpayers-encouraged-to-sign-up-soon-for-ip-pin-online-account

https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

**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.**

PhishmanAuthor

Level 2

I agreed to my ex wife having custody and I have visitations but the kids have always spent more time with me than their mother and she’s always gotten food stamps and has a boyfriend who makes good money and claimed them on taxes every year while I haven’t received any help. Well she now graduated nursing school and is doing very well financially and I’m single and supporting our kids more than half of the year. From what I’ve read the IRS only cares about who supports the children more than 50 percent of the year and who is the custodial parent doesn’t matter. So that’s the reason I asked. Thank you for your response

xmasbaby0

Level 15

You are mistaken----the IRS cares about physical custody. Who were the children with for the most nights in the year? Who had them for at least 183 nights?