Claiming step children

[Bradleywhills]

I’ve run into a situation that is a little different, hoping someone can give me some insight.

When filing taxes this year I’ve encountered some difficulty from my wife’s ex. He is attempting to claim one Child stating that he has the right do so simply because he has done so in the past. This year i informed my wife that she doesn’t legally have to allow her ex to claim one child unless a form 8332 has been submitted to the irs realeasing the dependent to the non custodial parent.

So we pursued this as we have the children more than 50% of the year so Her ex has recently retained an attorney and his attorney is telling him that a court order can be put on the case stating that the higher earning parent has rights to claim both children on tax returns. My wife is a waitress and works part time on weekends because she has to take care of the kids all week long, so naturally her ex will be the higher earning parent. BUT when my wife and I file jointly this gives her the higher AGI in the eyes of the IRS correct? Due to the fact that I make more than him.

Federal law trumps , and again federal law says that my wife’s AGI is what my AGI is when filing jointly as we are one taxiable entity.

Again my wife and I have the kids more than 50% of the year and we file jointly giving her the higher AGI. So no matter what the IRS should award us the refund?

Can someone give me any insight into this please? It’s stressing me out because we support these kids the majority of the year.

[NCperson]

Here is the best way to get at the facts ... and no one can challenge you that your information came from an anonymous message board

Run this IRS application and it will determine who can take the credit

https://www.irs.gov/help/ita/does-my-childdependent-qualify-for-the-child-tax-credit-or-the-credit-f...


I’d suggest running through this app playing both the role of your wife and the role of the ex and see what happens

The app should identify one who can claim and one who can’t

[xmasbaby0]

As far as the IRS is concerned, the custodial parent is the one who can claim the child as a dependent.  And since you are married to their mom, as a step parent you have the same standing to claim the child.  If the two of you file a joint return, you can claim the child(ren) as dependents on your tax return UNLESS your spouse signed Form 8332.  As you already know, it takes that form to allow the non-custodial parent to claim the child,  Even IF a 8332 is signed, the non-custodial parent can only get the child tax credit for the child.  The custodial parent still retains the right to earned income credit and the childcare credit.  

The ex's attorney is blustering--the IRS and the tax laws favor you and your spouse.