TL;DR: Divorce is messy. Ex getting financial help + under-the-table income means she won’t qualify for Medicaid in 2025, but I (and the kids) will. No final decree yet, no order on who claims the kids. If I file first, I avoid issues, but it may start an expensive legal battle. Worth it, or let it go?

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Going through a divorce, and it’s been a nightmare. My STBX has violated OPs (currently awaiting arraignment), blocked critical services for our kids out of spite, ignored court-ordered vocational exams, and refused to comply with discovery. We just filed for a continuance of trial due to her non-compliance with discovery and delays. She’s also been making under-the-table income while getting financial help from her dad ($1,895/month for rent).

We have 50/50 custody, and I make more, but my income is from non-taxable private disability insurance benefits because I’m fully disabled, as such I (and the kids) still qualify for Medicaid. She likely qualified for Medicaid in 2024 but won’t in 2025 due to her additional income.

I want to ensure my kids continue to qualify for Medicaid because insurance is a major expense. If I claim both kids on my taxes, their eligibility stays intact. But I’m nervous that doing so will spark an expensive legal battle over tax credits and benefits eligibility. There’s no final decree yet and no court order on who claims the kids, and she’s impossible to work with.

Do I file first and claim them, or is this a fight not worth picking?

I’m nervous what happens this year sets the precedent of years to come.