Dependents

[jealoj]

I have three kids. 13, 16, and 18 (turned 18 August 2019). All lived with me the whole year and did not contribute to their living expenses. The divorce order states I am to claim the 13 year old, the father is to claim the 16 year old and the 18 year old alternates. He filed his taxes first and claimed the 13 an 16 year old. I filed mine and tried to claim the 13 year old as the papers dictate. With that I was to received a 555 refund. I changed it to the 18 year old since he already filed and now I owe 945. Is there something different when you claim an 18 year old even if he did not support himself and lived with me all year or am I doing something wrong? 

[VolvoGirl]

Yes.  You only get the Child Tax Credit if they are under 17 on Dec 31.

[jealoj]

If I send my return in via mail and claim it the way it should have been, will I get the refund I should get and they just "bill" him for the overpayment?

[MaryK4]

As the custodial parent, you have the right to claim the Child Tax Credit as dictated in the divorce settlement, unless you signed a Form 8332 which releases the right to claim to the noncustodial spouse.  If you mail in your return, the IRS will investigate and your ex-husband will have to pay back the excess he claimed.

@jealoj