My kids father claim them, they live with me i dont work. im i intilted to half of income taxe

[kimseldon]

Im on sec 8. My kids live with me, can i get half of taxes when he files.  Disable and he give me 500 mo cash.

[SweetieJean]

Are you married to him?

[kimseldon]

No

[TaxGuyBill · Accepted solution]

If the children live with you, and not with him, he can ONLY claim them if you give him Form 8332.  If you do not give that to him, he can not claim them at all.

Even if you do give him that form, he can only claim PART of the benefits from the kids.  The other PART goes on your tax return (if you need to file one).  Because it seems like you don't have any "earned" income (such as a job), it is very likely that claiming your PART of the kids will NOT benefit you.

Just answer the questions about your children in TurboTax, and it will properly give you both the PARTS that you qualify for.

As for sharing any refund that the father receives, that is between you and him.  From the perspective of the IRS, if you give him Form 8332 so he can PARTIALLY claim the kids, he is entitled to the entire amount.  If he wants to share with you, that is up to him.

Here is Form 8332 if you want to allow the father to claim the kids:

https://www.irs.gov/pub/irs-pdf/f8332.pdf

[SweetieJean]

and be aware that he may not get a refund at all..

[SweetieJean]

"Disable and he give me 500 mo cash."  Do you receive any disability income benefits?  Is the $500 a month alimony?

[Hal_Al]

No, you are not entitled to half of the tax benefits that he may derive from claiming the children. That doesn't mean that you can't negotiate for some of what he gets in exchange for the form 8332.

However, if he claims the kids, without the form; the IRS will most likely never know since you are not filing a competing return.

All of that assumes, he does not live with you. If he does live with you and the kids, he does not need your permission to claim them.

If you live with some other relative (e.g your parent, the kids grandparent), that relative has a higher claim, on the kids, for taxes, than a non custodial father.