Yes.
As long as they live with you for over half of the year and the children don't pay for over half of their own support, you can claim them.
You will need to discuss with your ex-husband to determine how the 1095-A from the Healthcare Marketplace will be handled. Unless he agrees to put it all on his tax return, you will need to get a copy of his 1095-A to enter on your tax return.
That’s fine but, it won’t let me file with out one because my kids had insurance thur market place
You may claim the children as dependents but the IRS knows that the children were covered with health insurance through the marketplace.
You will need to receive a copy of the 1095-A and discuss with your ex-spouse to determine how the 1095-A from the Healthcare Marketplace will be handled.
You also will enter the IRS Form 1095-A at Federal / Deductions & Credits / Your tax breaks / Medical / Affordable Care Act (Form 1095-A).
At the screen Let us know if these situations apply to you, click I shared this policy with another taxpayer who's not on my taxes.
At the screen Since this is a shared policy......, include the other taxpayer's information.
The IRS requires that your percentages are agreed upon by all and that the percentages add up to 100%.
Taxpayer 1's tax return should reference taxpayer 2. Taxpayer 2's tax return should reference taxpayer 1.
My ex purchased insurance on the marketplace for the children I claim on my taxes. I do not have access to the 1095-a. What do I do now?
You will need a copy of a 1095 A to report this information. If you don't have a copy, you will need to:
If you can't obtain a copy of the 1095A from him, the next best thing is to get a copy of the 1095A. If he doesn't have an account with HealthCare.gov, he would need to create an account to obtain a copy of the 1095A.
As a suggestion, you may try to create one for him, with his permission of course, because you need this information to report their health insurance information on your return.