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posted Jun 6, 2019 5:53:56 AM

I'm a non custodial parent who pays child support in Texas. My kids mother did not have a job in 2016. She claimed them on her taxes but can I claim them on mine?

She is common law married and filed married.  They claimed our 3 kids and the one they had together and got EIC on all four. Would I be able to claim our kids kids since I paid child support and their mother did not have a job in 2016 and I provided more financially than her?

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Expert Alumni
Jun 6, 2019 5:53:58 AM

No, you will not be able to, unfortunately.  First, since the other parent is a custodial parent, she must allow you to claim the children since you are a noncustodial parent - by filing and giving your Form 8332. Second, since she already claimed your children, they cannot be claimed again, unfortunately. 

1 Replies
Expert Alumni
Jun 6, 2019 5:53:58 AM

No, you will not be able to, unfortunately.  First, since the other parent is a custodial parent, she must allow you to claim the children since you are a noncustodial parent - by filing and giving your Form 8332. Second, since she already claimed your children, they cannot be claimed again, unfortunately.