Custody And Tax Claims

Summary

If you are the custodial parent, you have the right to claim both children on your taxes. File your return claiming your children, and the IRS will likely audit both parties. Be prepared to provide proof of your custodial status, such as school records, medical records, affidavits from third parties, or your childs statements. If audited, the IRS will notify you by mail, and you will need to provide all requested documents. Consult a tax or legal professional for personalized advice.

Full Conversation

I have * children with my ex husband. In the past we shared custody *:* and therefore each claimed * child on our taxes. Last year we verbally changed custody arrangments and I have been the custodial parent for the past year. I reached out a couple of weeks ago to confirm that I would be claiming both children for tax purposes and he notified me that he claimed * of our children already without discussing with me. According to the IRS I have the rightful claim to both. What should I do?
In Texas, the IRS typically allows the custodial parent to claim the child. Since you're the custodial parent, you have the right to claim both children.
- File your return claiming your children.
- IRS will likely audit both of you.
- Be prepared to provide proof of your custodial status.
Consult a tax professional for more personalized advice.
What can I use as proof of my custodial status if our agreement was verbal?
In Texas, you can use:
- School records showing your address
- Medical records listing you as primary contact
- Affidavits from third parties aware of your arrangement
- Your child's statements, if old enough
These might serve as proof of your custodial status. Consult a tax or legal professional to review your evidence.
What does the process look like if audited by the IRS in this case?
If audited by the IRS in this case:
- The IRS will notify you by mail.
- You'll need to provide all requested documents.
- Cooperate fully and respond in a timely manner.
- Consult with a tax professional if needed.