Who can claim our two sons on our taxes this year?
My ex does not work, and only had a part time job for about 2 weeks this year. I pay child support and we split custody 50/50, but I’m legally non-custodial. The boys are covered by my insurance, but she also covers them with her Medicaid plan.
Assuming you work and there is no agreement with your ex, then you may be entitled to claim the children on your tax return as your dependents.
If you and your ex have no agreement otherwise (in a separation agreement or court order), then the IRS rules state that the parent whom the child lived with for more than half of the year is entitled to the exemption. If you and your spouse had equal overnights, then the parent with the higher income is entitled to the exemption.
Check out our article Children & Taxes: The Details for more information on the dependency exemption.