Taxes Question

Superb-Pollution2396 · 2026-03-13T10:48:52+00:00

this situation is frustrating but theres a tax angle here. Prime Path Advisory does high-income tax strategy that could help you maximize dependent credits and deductions. TurboTax Live can handle basics cheaper.

a local CPA familiar with divorce situations works too but costs more hourly.

MartyMcFly7 · 2026-03-12T20:35:10+00:00

I recently fought my ex on this.

Interestingly, the IRS doesn't care much about custody, they care who was caring for the child.

In your case, since there's a good chance she's not going to file, I'd claim the child. Worst case, your ex files and the IRS sends you a letter asking if you want to plead your case.

If that happens, the IRS will then want to know who had the child the majority of days. If that was with you, be ready to prove it.

If your child spent more days with your ex, and she files, then she can rightfully claim the child.

Reflog1791 · 2026-03-12T20:32:25+00:00

Ah yes I see we have the same ex wife. Of course their greed and entitlement extends to every possible tax scenario.

ConfidenceSuch8793 · 2026-03-12T20:24:21+00:00

What’s your filing status (single, married, head of household)? The child tax credit is $2,000 per child so if you paid her $2,000 to claim the kid, you would get $2,000 less of tax to owe. But you’d also get to claim head of household (assuming you file single).

The people here saying that “whoever claims the kid first gets the benefit” is not correct. It’s whoever had the kid for 50.0000001% of the overnights in the taxable year. Sure, whoever files first easily claims it first. But uh, there’s ways to beat that if the kid was claimed congruent to the facts. If my daughter’s mother claimed my kid and my efile rejected, I’d go to the IRS with the facts and expose her fraudulent return. I have the right to claim my kid based on overnights.

Source: I’m a cpa

dday_throwaway3 · 2026-03-12T19:52:35+00:00

If your parenting plan doesn't explicitly stipulate which parent can claim each dependent, then whomever files their tax return first wins. Even if it's stipulated that she can claim a dependent, you can choose to claim without her approval. From the IRS's perspective, the first one to claim is the one who gets the tax break. If she tries to file electronically, it'll get kicked back saying that dependent has already been claimed. She could force the issue if she then files a paper return.

It's personal calculus that you have to solve for, asking questions like "What's the likelihood that she will claim taxes at all? What's the likelihood that she would file paper taxes and force the issue through the IRS?" She obviously has no clue about filing taxes given her response to you. Have the courage to lead and take the chance with claiming the dependent. You can always ask for forgiveness later.

Don't pay her a dime if it's not stipulated in your agreement.

RevolutionaryLaw8854 · 2026-03-12T17:42:28+00:00

She’s an ass and just being contrary. Just file and claim the kid. The first to file wins in the eyes of the IRS. If she doesn’t file, then it won’t matter and she’ll never know. If she files first and claims the kid, they won’t allow your claim.

If she has no earned income, she won’t be able to file for an earned income credit. She can still file HOH but won’t get any credits.

Your separation agreement should have you alternating years.

I make too much for any benefit to filing for the kids. So, I just let my former spouse get the money. I’d rather her get it than the government keep it

Title	Taxes Question
Author	ricoame1
Upvotes	3
Comments	9
Date	March 12, 2026 5:28 PM UTC (4 months ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1rrx6cd/taxes_question/
Archive Link	https://theredarchive.com/r/Divorce_Men/taxes-question.1575326 https://theredarchive.com/post/1575326

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