Court order Vs IRS EIC requirements

[JessicaRabbit67]

I am in Florida. In my divorce judgement the court ordered that my ex husband and I each claim only one of our two children. I am not filing this year as I was a stay at home mom and did not have the income to neccessitate filing. My ex husband has claimed both our children on his return stating that because they lived with him more than 6 months of the year the IRS says he can. They lived with me for the same amount of time (we divorced in July and have equal shared physical custody). He states that because he meets the IRS requirement the judgement and order of the court does not matter. Is this so and if it is not how do I go about handling the situation? Thank you.

[LdiJ]

Originally Posted by JessicaRabbit67

I am in Florida. In my divorce judgement the court ordered that my ex husband and I each claim only one of our two children. I am not filing this year as I was a stay at home mom and did not have the income to neccessitate filing. My ex husband has claimed both our children on his return stating that because they lived with him more than 6 months of the year the IRS says he can. They lived with me for the same amount of time (we divorced in July and have equal shared physical custody). He states that because he meets the IRS requirement the judgement and order of the court does not matter. Is this so and if it is not how do I go about handling the situation? Thank you.

If you aren't married and you couldn't file a return because you didn't work, then it was fair for dad to claim both children. Otherwise, one of your chldren would have gone unclaimed. If he claimed EIC for the children it may or may not be a problem. The children would have had to spend more than 183 nights in the same home with him for the year. If they did (which is possible if you lived together for part of the year) then he could legitimately claim EIC. If they did not, then he couldn't.

If the two of you have true 50/50 custody, for future years neither one of you will be eligible for EIC.

[JessicaRabbit67]

" If they did (which is possible if you lived together for part of the year) then he could legitimately claim EIC. "

So the court order means absolutely nothing? If so why then did the judge rule in that manner and that means the judge has no problem with his order and judgement being ignored?

[LdiJ]

Originally Posted by JessicaRabbit67

" If they did (which is possible if you lived together for part of the year) then he could legitimately claim EIC. "

So the court order means absolutely nothing? If so why then did the judge rule in that manner and that means the judge has no problem with his order and judgement being ignored?

Your court order states that each of you can claim one child for the tax exemption. That has absolutely nothing to do with EIC. Whether or not either of you can claim EIC for the children depends on federal tax law, not what your state court judge ruled. EIC and the exemption are separate issues. Your state court judge CANNOT make any rulings regarding EIC.

If you can't claim one of the children because you didn't work and because you aren't married and filing a joint return with your husband, then NO...a judge is not going to have any problem whatsoever with your ex claiming both children. A judge is not going to expect your husband to leave one of the children unclaimed by ANYONE.

What is your real complaint here?..because so far you aren't making much sense.