Claiming dependents every other year

[lilybrown0788]

Per my divorce decree myself and my ex husband claim our daughter on a rotating basis every other year.  He claimed her 2019 and I claimed her 2020.  He has gotten every single stimulus since they began even after I filled our 2020 taxes claiming her.  He also received the first advanced child care credit.  He’s certainly unwilling to work with me, so I haven’t the foggiest of notions of what to do to get it straightened out.  Can you help direct me.

[Destiny_Y_JD]

Your first advance Child Tax Credit payments will be based on the children you claimed for the Child Tax Credit on your 2020 tax return (or 2019 tax return, if your 2020 tax return has not been processed as of the payment determination date for any of your monthly advance Child Tax Credit payments). So it seems that the IRS was using his 2019 taxes as the basis. 

Later this year, the Child Tax Credit Update Portal (CTC UP) will be updated to allow you to inform us about the qualifying children you will claim on your 2021 tax return so that we can adjust your estimated 2021 Child Tax Credit – and therefore adjust the amount of your monthly advance Child Tax Credit payments.

If you do not receive advance Child Tax Credit payments for a qualifying child you will claim in 2021, you may claim the full amount of your allowable Child Tax Credit for that child when you file your 2021 tax return.
If he continues to receive the amounts and was not technically eligible then he might be required to pay back this amount. 
However, the best option for you if you are unable to find agreeable terms with your ex is to update your dependents in the tool above once it allows you later this summer. Again, any amounts you should have received and did not will be reconciled on your 2021 taxes. (https://www.irs.gov/credits-deductions/2021-child-tax-credit-and-advance-child-tax-credit-payments-t...)

[Kikimondoe]

This same exact thing happened to me and my ex Claimed he did not receive the child tax credit?

[lilybrown0788]

Yes my ex actually claimed the same that he did not receive it.  I don’t really believe him to be honest. Did you claim your child on the 2020 and also not receive the 2021 Covid stimulus?  We were at least expecting that one…. But he definitely got that one, confirmed.  I told him not to spend it because he’ll owe it back probably. 

[Critter-3]

Focus ONLY on your situation and stop worrying about the EX ... that is their problem.

As for the first 2 stimulus payments ... if you did not get them in advance and you claimed the kids on the 2020 return the credit would be on the 2020 return line 30.    If you did get them and you don't claim the kids on the 2020 returns then you get to keep the money ... no harm no foul.

As for the third payment ... again if you did not get it and you claim the kids on the 2021 return the credit will be on the 2021 return.   If you did  get it  and you will not claim the kids on the 2021 return you get to keep it ... again no harm no foul.

Now for the  ADVANCE payments ... if you claim the kids on the 2021 return then the credit will be reconciled and any missing payments will be part of the 2021 credit.    If the ex gets the advance payments and will not claim the kids on the 2021 return then they may need to payback some or all of the credit they are not entitled to ... again this is not your problem. 

Read all the rules here :  https://www.irs.gov/credits-deductions/2021-child-tax-credit-and-advance-child-tax-credit-payments-f...