Question

Child tax credit

Forum|Forum|4 years ago
August 30, 2021
2 replies
0 views

My ex husband and I got divorced mid 2021 but he filed joint along with my daughter under him for that year (2020) and we split the return. The divorce decree states I get to claim our daughter as I am the primary parent of our child. Ex now is receiving early advance tax credit and refuses to stop the early payments even though I am to claim her in my own 2021 taxes. Is there anything I can do? what happens if he claims her in his taxes next year and what is the best way to go upon claiming her in my own taxes (first time doing tax) thanks for your time

B

Bsch4477

Employee

If you file your 2021 return first you will receive all of the 2021 child tax credit due to you and he will have to pay the advanced credit back. If he tries to claim the child after you have filed his return will be rejected.

K

KlsojuAuthor

He is currently in the military and usually gets his W-2 first. Is there any other way? Or what I could do? I’ve tried to ask him to stop the early payments and to take her out from his account and about having to pay x amount back when it’s tax time as he is not to be claiming her but he thinks he will get away with it unfortunately

B

Bsch4477

Employee

If he files first you would have to mail your return with an explanation that you are the one entitled to claim the dependency. The IRS will then sort it out. He will owe penalties and have to return the money.

As an aside, from my experience as ex-military a word from a congressional representative to a soldier’s CO that the soldier is not only filing a fraudulent tax return but also violating the terms of a divorce agreement does wonders to get the soldier’s attention. Contact your local representative.

S

SallyRandall

It's really, really important that you file your taxes before he does in order to claim your child!

O

Opus 17

Employee

@SallyRandall wrote:

It's really, really important that you file your taxes before he does in order to claim your child!

Not exactly. If the ex files first, the taxpayer will be blocked from e-filing, but can still claim their child by mailing their return. The IRS will investigate the discrepancy.