Child Tax Credit Divorced Parents

[Nickhubbell]

Hello, I am a divorced dad. At the time, we had two children. Part of the decree was that each parent was able to claim one child per year until the oldest aged out. The oldest filed their own taxes last year preventing me from claiming them on my taxes. Regardless, last year would have been my final year to them as they are now aged out. The other parent claimed the younger child last year. I sent them the form to allow me to claim the youngest child on my current taxes. However, they are refusing to sign the paperwork as they claim that I was able to claim the oldest child last year. However, due to the oldest child filing their own taxes, I was blocked from claiming them. Also, because the decree says after the oldest ages out, each parent would claim the youngest child every other year. Regardless of the me not able to claim the oldest child last year, would not the every other year for the youngest child be for my current tax year? In other words, does the other parent get to claim for two years ,the youngest child, in a row before the every other year starts?

The amount is significant in the amount owed vs refunded if I cannot claim the youngest child this year.

[xmasbaby0]

If your child was older than 16, you could not get the child tax credit last year---you could only get the $500 credit for other dependents.    If your child filed their own tax return and incorrectly said no one else could claim them, you should have filed your tax return by mail when your e-file was rejected.   That is the remedy for that---then the child has to amend later to change their own incorrect tax return.  

You could both amend 2023 now, in fact.  Your child can amend their 2023 return to change their answer to the question in MY INFO that asked if they could be claimed, and you can amend your own 2023 return to claim your child.

See this TurboTax support FAQ for amending a tax return - https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-change-correct-return-a...

Do not expect quick results from amending. It can take four months or more for the IRS to process an amended return.  

You can watch for information here:

https://www.irs.gov/Filing/Individuals/Amended-Returns-(Form-1040-X)/Wheres-My-Amended-Return-1

Going forward-----warn your  kids about saying they cannot be claimed as dependents.   It is a common problem that messes up parents' tax returns.   Kids under the age of 24 who are full-time students can be claimed as dependents and must say on their own tax returns that they can be claimed.

Advice for teenagers and college students etc.:

CAN I FILE A RETURN IF I AM A DEPENDENT?

If you can be claimed as a dependent on your parents’ return, you can still file your own return so that you can receive a refund of taxes withheld.  Your W-2 will show federal tax withheld in box 2, and state tax withheld in box 17.  (You will not get back anything for Social Security or Medicare withheld.) Be sure that on your own return you say that you can be claimed as a dependent on someone else’s return.

If you can be claimed as a dependent and you answer the question in My Info incorrectly, here is what happens if you e-file first:  Your Social Security number goes into the IRS system as having been used.  When your parents try to e-file, their e-file is rejected and they will find it impossible to e-file their own tax return.  Then they will have to print, sign and mail their return and wait for months for it to be processed.  You, meanwhile, will have to file an amended tax return on a special form called a 1040X, which also takes months for the IRS to process.  So make sure you know the correct answer to "Can anyone claim you as a dependent on their tax return?"