Can my ex claim the children

Bubbleznsc · ‎December 17, 2025

I’m currently out of work. I receive Snap and Medicaid for myself and my 3 children. My ex who I was with for 10 years is the father of my youngest, but not my older twins. Would he be allowed in SC to claim the 3 of them on his taxes without it interfering with our Snap and Medicaid?

Bsch4477

As the custodial parent you can give him permission by giving him a signed form 8332 to claim all 3 since the children are his biological or step children. SNAP and Medicaid benefits are based on where the children reside so that should not affect them.

Opus 17

@Bsch4477 wrote:

As the custodial parent you can give him permission by giving him a signed form 8332 to claim all 3 since the children are his biological or step children. SNAP and Medicaid benefits are based on where the children reside so that should not affect them.

Maybe. We need to clarify the timing.

If your ex is either the biological parent or the legal step-parent of the children, then he can claim them. The ability to claim a step-child as a dependent does not end with divorce, and he would be in the same legal position as a biological parent.

I don't want to assume anything about the timing of the children's birth and your marriage. But as long as you were legally married after the children were born making him their stepfather, then yes, he can claim them. You have to give him a signed form 8332 dependent release. On his tax return, he should not try to claim that the children live with him. He should be honest and say the children don't live with him, but he has a signed release.

Bubbleznsc

We were never married. I had my older twins before we were together, we only have my youngest together. Where would one get this form and how would he put they don’t live with him permanently?

Opus 17

@Bubbleznsc wrote:

We were never married. I had my older twins before we were together, we only have my youngest together. Where would one get this form and how would he put they don’t live with him permanently?

If you were never married, then he can't legally claim the twins as dependents unless they lived in his home the entire year.

To allow him to claim the biological child you share, you can download this form, print it, fill it out, sign it, and give it to him. This form says that although the child lived with you, your ex is allowed to claim the child for 2025. (You can make the form effective for one year at a time or for future years as well, I would probably stick to one year at a time.) He must mail the original signed form to the IRS after he e-files, he should keep a copy for his records.

https://www.irs.gov/pub/irs-pdf/f8332.pdf