topic My ex-husband and I use to to share 4 children on our returns. He died in Sept. Avg % wise, I supported them 65% of the year. Shouldn't I get to claim them on my taxes? in Get your taxes done using TurboTax

My ex-husband and I use to to share 4 children on our returns. He died in Sept. Avg % wise, I supported them 65% of the year. Shouldn't I get to claim them on my taxes?

ckenison7 — Mon, 09 Mar 2026 05:40:32 GMT

Re: My ex-husband and I use to to share 4 children on our returns. He died in Sept. Avg % wise, I supported them 65% of the year. Shouldn't I get to claim them on my taxes?

xmasbaby0 — Fri, 18 Feb 2022 21:32:59 GMT

We are probably missing some information. Was he married? Is his widow filing a joint return for 2021? If so, she can still claim the children that would be claimed on that joint return. So...provide some details.

Re: My ex-husband and I use to to share 4 children on our returns. He died in Sept. Avg % wise, I supported them 65% of the year. Shouldn't I get to claim them on my taxes?

ckenison7 — Fri, 18 Feb 2022 22:08:49 GMT

He was re-married and she has to file on his behalf. I have read that whoever provides more than 50% of support gets to claim the dependents. I have had them full time since September, plus the 50% we shared from January through August.

Re: My ex-husband and I use to to share 4 children on our returns. He died in Sept. Avg % wise, I supported them 65% of the year. Shouldn't I get to claim them on my taxes?

Opus 17 — Fri, 18 Feb 2022 22:15:20 GMT

@ckenison7 wrote:

He was re-married and she has to file on his behalf. I have read that whoever provides more than 50% of support gets to claim the dependents. I have had them full time since September, plus the 50% we shared from January through August.

For children who are under 18 and subject to a custody order, the key factor is not income or support, but where the children lived more than half the year (which parent had custody longer). For non-leap years with 365 days, more than half means 183 or more nights. If you had custody for half the days at the beginning of the year (about 135 days) plus all the days at the end of the year (about 90 days) then you can claim the children as dependents.

Note that a stepparent has the same legal rights to claim a child as a dependent as a biological parent, subject to the same tests of residency and other factors. However, under the circumstances you describe, the stepmother had custody about 135 nights in total, which is less than half the nights of the year, so the children don't qualify as her dependents.

Re: My ex-husband and I use to to share 4 children on our returns. He died in Sept. Avg % wise, I supported them 65% of the year. Shouldn't I get to claim them on my taxes?

xmasbaby0 — Fri, 18 Feb 2022 22:16:25 GMT

The IRS cares about where the children actually lived. Whoever had them for the most nights is the custodial parent who can claim the children as dependents. If there is a signed form 8332 then the custodial parent---the one who had them for at least 183 nights---can still get earned income credit and the childcare credit. If there is no signed agreement, then start counting up all the nights. The non-custodial parent can get the child tax credit.

Re: My ex-husband and I use to to share 4 children on our returns. He died in Sept. Avg % wise, I supported them 65% of the year. Shouldn't I get to claim them on my taxes?

ckenison7 — Fri, 18 Feb 2022 22:27:34 GMT

I counted days…I had them 243 days of the year!

Re: My ex-husband and I use to to share 4 children on our returns. He died in Sept. Avg % wise, I supported them 65% of the year. Shouldn't I get to claim them on my taxes?

xmasbaby0 — Fri, 18 Feb 2022 22:40:54 GMT

Then you can claim them on your tax return. So sorry for your children's loss of their dad.....