Q: Can my ex husband claim all 3 kids even if our divorce paper work says I claim 2 and he claims 1 and vise versa per year
We went to court the 2nd Time and had shared parenting he has them one week I have the next and so on but he was residential for school he got to claim 1 kid one year and I claimed 2 that year and vise versa ..i.e me one him 2 the following year and back and forth. we went back to court he got full custody but nothing else was supposed to change the claiming kids for the
Child tax credit and week to week schedule. He's been claiming all 3 kids even though the papers say it wasn't suppose to change and I still have them every other week paying exactly as much as he does for them if not more I take them to school pay the sitter everything is he allowed to claim all 3 kids for earned income credit... even though the paper work from court says otherwise
A: He can file for 3 but will have to answer to the IRS if you have an order showing he's only supposed to file for 2. If you file your return correctly (according to the court's order) and he doesn't, he may be liable to the IRS for fees and penalties. You can also file an enforcement motion and ask for attorney fees. Contact an attorney who offers free consultations.
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