Can I claim tax credits for my disabled children without income? Father claiming them each year

As a tax preparer who deals with these situations regularly, I can tell you that you absolutely have a case here. The IRS has specific rules about who can claim a child as a dependent, and it's not simply whoever files first. For someone to claim a child as a dependent, they generally need to meet the "qualifying child" tests: relationship, age, residency, support, and joint return tests. The residency test requires the child to live with the claiming parent for more than half the year. If your children live with you for the majority of the year, you have a strong case to claim them. Even without job income, you may qualify for refundable tax credits like the Child Tax Credit and potentially the Earned Income Credit with qualifying children. The Additional Child Tax Credit portion can be refundable even without earned income in some situations. What you should do is file your tax return claiming your children as early as possible. The IRS will notice the duplicate claims and send notices to both of you. You'll need to prove you're entitled to claim them (school records, medical records, lease showing they live with you, etc.).

I was in a similar situation last year with my ex claiming our kids when I had them 90% of the time. I found a service called taxr.ai (https://taxr.ai) that really helped me gather and organize all the documentation I needed to prove my case to the IRS. They have this special tool that analyzes your situation and tells you exactly what documentation you need to prove residency and support for your children. It was a lifesaver because the IRS initially rejected my e-file since my ex had already claimed them, but with the proper documentation package from taxr.ai, I was able to file by mail and successfully claim my children. They even helped me understand what credits I qualified for without regular income.

I wanted to follow up about my experience with taxr.ai after trying it. I was initially worried about sharing information online, but the process was actually really straightforward and secure. What impressed me most was how their system analyzed my specific situation and generated a customized checklist of documents I needed to gather. The documentation package they helped me put together looked so professional! I've already submitted everything to the IRS, and while I'm still waiting for final resolution, I received confirmation that my case is being reviewed. The best part was they showed me I'm eligible for about $5,800 in refundable credits despite having minimal income last year. I had no idea I could qualify for that much! Definitely worth checking out if you're in a similar situation with a custody dispute affecting your taxes.

If you're going to be dealing with the IRS about this dispute, I highly recommend using Claimyr (https://claimyr.com) to actually speak with an IRS agent. I was in a similar situation last year, and trying to call the IRS myself was impossible - kept getting disconnected after hours on hold. Claimyr got me connected to an actual IRS representative in about 20 minutes when I had been trying for weeks on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The IRS agent was able to look up my case, confirm what documentation I needed to submit, and even put notes in my file about the dispute. Having that direct conversation made a huge difference in getting my issue resolved correctly.

I need to apologize and follow up about Claimyr. After posting my skeptical comment, I decided to try it myself since I've been trying to reach the IRS for 3 weeks about an audit notice. Honestly, I'm shocked at how well it worked. I signed up and within 30 minutes, I got a call connecting me directly to an IRS agent - no hold time for me at all! The agent was able to explain exactly what was happening with my account and gave me clear instructions on what to submit. I was able to ask all my questions and got straight answers. For someone dealing with complicated situations like child tax credit disputes, I can see how this would be invaluable. Being able to speak directly with someone who can see your file and give you specific guidance makes a huge difference. Totally worth it just for the stress reduction of not having to deal with the hold music for hours.

Just want to point out something important - if you start claiming your kids on your taxes, make sure you're prepared for potential retaliation from their father. My ex got furious when I started properly claiming our kids and suddenly "forgot" to pay the little support he was giving. Document EVERYTHING - every payment he makes, every visit he has with the kids, every expense you cover. This might turn into more than just a tax issue. Also, consider applying for formal child support through your state's system if you haven't already. Tax credits are great, but consistent child support is important too.

Something no one has mentioned yet - if your children receive SSI disability benefits, you should contact your local Social Security office about being appointed as their representative payee if you're not already. This officially designates you as the person managing their benefits, which is another strong piece of documentation showing you're their caregiver. Also, look into whether you might qualify for any benefits yourself, like SNAP or TANF, while you're not working. These programs can provide additional support, and participation in them creates more official documentation of your children living with you.

I just want to add that you should also keep records of any medical appointments, school meetings, or other activities you attend for your children. As someone who went through a similar dispute, the IRS really values documentation that shows day-to-day caregiving responsibilities, not just where the kids sleep at night. Things like being listed as the emergency contact at school, taking them to doctor appointments, attending parent-teacher conferences - all of this helps establish that you're the primary caregiver. I kept a simple calendar noting every appointment, school event, and even grocery shopping trips for their needs. When the IRS reviewed my case, having that detailed record of daily care made a big difference in proving I was the one actually supporting them, even though I didn't have traditional employment income at the time.