If my husband is claiming our children as dependants for tax purposes but they both live with me. Do i put that I have no dependents on my taxes?

[xmasbaby0]

Back up.    Do all of you live together?   Or do you live apart?   Are you filing as married filing separately or married filing jointly?    Are you in the process of divorcing?    Please explain your situation more clearly (without any personal information).

[DoninGA]

Why are you not filing as Married Filing Jointly?

If, for some reason, you decide that you must file as Married Filing Separately then you do Not enter any child as a dependent on your tax return when you spouse is entering the child as a dependent on their tax return.

[phoenix31775co]

I apologize for not being clear. We are divorced filing seperatly. I live in a different state than him. I made the mistake of calling him my husband he is my ex husband. Its very recent so I still struggle with that. WE were divorced october of last year.

[xmasbaby0]

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you 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 17.

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.

[phoenix31775co]

That would be me but he will be claiming them. I am just trying to find out if i put 0 dependants if he is claiming both.

[xmasbaby0 · Accepted solution]

@phoenix31775co If the children are living with you, it seems odd that your "ex" is claiming them for all of the child-related credits.   Do you have any income from working?   Is there some reason you do not want to file as Head of Household, and/or be eligible to get earned income credit or the childcare credit?

But to answer the question you asked, if the ex is claiming them and you are not claiming anything at all, then you do not enter anything about the children on your own tax return.

[phoenix31775co]

Thank you for your answer. I dont have any earned income from last year as i only moved away in october and so i wouldnt get any kind of return anyway. Hes claiming them so hell actually get a return.