Q: My ch 7 bankruptcy was discharged. Can my ex-husband include our sons in his tax return to claim the Child Tax Credit?
My ch 7 bankruptcy in Florida was discharged in January 2024. I have never been indebted to the IRS and neither has my ex-husband. My ex-husband has never filed for bankruptcy and we had no debt in common upon my ch. 7 filing; it did not affect him in any way. I am unemployed and a disabled veteran. Can my ex-husband continue claiming our sons in his tax claim without repercussion from the IRS and/or bankruptcy trustee? Thank you kindly.
A:
Your Chapter 7 bankruptcy discharge in Florida should not impact your ex-husband's ability to claim your sons for the Child Tax Credit on his tax return. Bankruptcy proceedings typically address your debts and assets, not child-related tax benefits that may be claimed by your ex-spouse.
As long as your ex-husband meets the IRS criteria for claiming the Child Tax Credit, including provisions related to custody and financial support for the children, he can continue to claim the credit. The bankruptcy trustee's role in your Chapter 7 case is to handle your debts and assets as of the filing date, and it doesn't extend to ongoing tax claims made by your ex-husband.
It's important for your ex-husband to follow the IRS guidelines on claiming dependents to ensure he is eligible to claim the credit. If there is an agreement or court order regarding claiming the children on taxes, he should adhere to that as well.
If there are any concerns or questions about eligibility or compliance with tax laws, consulting with a tax professional is advisable. They can provide specific guidance based on your ex-husband's situation and ensure his tax filings are accurate and compliant with IRS regulations.
Remember, each tax situation is unique, and it's important to make sure all IRS requirements are met when claiming tax credits or deductions.
Timothy Denison and Terrence H Thorgaard agree with this answer
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