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Child tax credit shared with ex

By Terry Savage on January 16, 2022 | Wild Card & Pandemic Related

A single mom of 3 kids under the age of 3. Not married. I Have rec,d the child tax credit through December, 2021. I am the custodial parent and I have a legal agreement with the father to Take turns adding the children as exemptions on our tax returns. It’s his turn this tax year.
The children are with him less time. He gets paid cash and makes less than I do.
I would like to continue to add the children as exemptions on my tax return this year. Can the father take me to court for not complying to our agreement? And, can he collect the tax credit when he is making less than myself? Please help. Thank you

Terry Says

Practically it all depends on who files first! And yes, he could take you to court — but it would be costly for him.

I’ve seen this happen many times through this stimulus program –mostly spouses stealing stimulus payments destined for an ex-spouse. I’ve talked to the IRS and the Treasury and they can’t get organized to do anything to help the wronged spouse.

But, yes, it is a REFUNDABLE credit so his income doesn’t matter. He would get the cash sent to him. But it is going to be very difficult to put this on a return — because they have already sent the first six months to YOU. Not sure how he would claim the remaining 6 months anyway!

Maybe you could continue to claim, and offer him some cash as a deal. Or just wait till he gets angry enough to actually sue you.

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