2019 amended return to claim 3 children

[Natalielynn_01]

Good Morning,

My boyfriend needs to file an amended 2019 tax return and claim 3 children(had an agreement through court and the mother claimed them, we took her to court to get  the 8332 form) I was wondering if he would have to file an amended return for 2020 as well due to stimulus payments? Also how should he file those? This is his year 2021 to claim all three children again, should we file this tax year then the amended return? Thanks! 

[xmasbaby0]

You say you took the children's mother to court for the Form 8332, but you did not mention which parent is the custodial parent.

Was your BF the custodial parent?  Does he have an agreement with the other parent to allow the other parent to claim them--due to divorce or that they live apart and share custody?  Did one of them sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 18.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

Select your tax year for amending instructions:

• 2020
• 2019
• 2018

Your BF's amended return will have to be filed by mail. 

Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

[Vanessa A]

Was he eligible to claim them in 2020 too or was that her year to claim them?  Did he claim them in 2020?  Why do you think you need to amend the 2020 because of the stimulus?

If it was not his turn to claim the kids in 2020 and he did not claim the kids, then you should not amend the 2020 return. 

If he claimed the kids when he should not have claimed them or if he did not claim them when he should have claimed them, then yes he should amend his return.

For 2021, you can file the 2021 return before or after you file the amended 2019 return.  Amending your 2019 return will not affect the 2021 return.  The 2020 return will not affect your return either. Each year is filed individually. 

[Natalielynn_01]

No he’s not the custodial parent just have a child support agreement to claim every other year( he’s odd she’s even years). She did sign the 8332 form for him to claim them. 

thank you

[Natalielynn_01]

No 2020 was her year. Just didn’t know due to the stimulus and everything going on. He’s odd years she’s even years. 

thank you