Can my kids dad claim them on his taxes If I don’t agree?

Question

My kids dad lived with us till about 6 months ago . We’re not divorced yet and I don’t work . He wants to claim the kids and keep the $ . I told him he can’t claim them . Can he with out my permission?

James L. Arrasmith · Answer

In situations involving the claiming of children on taxes, the IRS has specific guidelines. Generally, the parent who has the children for the majority of the year has the right to claim them as dependents. This is often referred to as the "custodial parent." 
 
Since you mentioned that your kids' dad lived with you until about six months ago and you're not yet divorced, the determination of who is the custodial parent for tax purposes could be based on who the children lived with for the greater part of the year. 
 
If your kids lived with you for more of the year, you would typically have the right to claim them. However, it's possible for non-custodial parents to claim the children if both parents agree and certain conditions are met, such as filling out IRS Form 8332. 
 
If there's a disagreement and both parents claim the children, the IRS will apply tiebreaker rules to determine who has the right to claim the dependents. These rules consider factors like where the children spent more nights during the year. 
 
Given the complexities of tax law and your ongoing divorce, consulting with a tax professional or a family law attorney can provide clarity and guidance specific to your situation. 
 
Remember, clear communication and understanding IRS rules are key in these situations to ensure that dependents are claimed appropriately and to avoid potential disputes or issues with the IRS.

Q: Can my kids dad claim them on his taxes If I don’t agree?