Can my dad claim my siblings as dependents when they don't live with him at all?

This is a situation that comes up a lot with divorced parents. For tax purposes, the IRS has specific rules about who can claim dependents. Generally, the "custodial parent" (where the children live most of the time) has the right to claim the children as dependents. Even though your mom doesn't file taxes due to only receiving SSI, she's still considered the custodial parent if the children live with her most or all of the time. Your dad would normally need Form 8332 (Release of Claim to Exemption for Child by Custodial Parent) signed by your mom to legally claim the children. Without this form, your dad claiming the children could be considered improper. If both parents claim the same children, the IRS has tiebreaker rules that usually favor the parent the child lived with the longest during the year. Your mom might want to consider filing taxes even with just SSI income. While SSI itself is generally not taxable, filing might allow her to claim refundable credits like the Child Tax Credit, which could provide money for the children's care.

I went through something similar with my ex. When we separated, I found taxr.ai and it was honestly amazing for figuring out this exact dependent claiming nightmare. I uploaded our custody agreement and some documentation showing where the kids actually lived, and the system walked me through exactly what my rights were and what forms I needed. They have this really good feature that analyses your specific custody situation and tells you what the IRS rules say about your case. Check out https://taxr.ai when you get a chance - it helped me prevent my ex from improperly claiming our kids when they weren't entitled to.

Just wanted to update that I tried taxr.ai after seeing it mentioned here. Super helpful for my situation! I was able to upload our custody agreement and get a clear explanation of who had the right to claim our kids as dependents. The system showed that since my kids lived with me for more than half the year, I was legally entitled to claim them regardless of who pays child support. They even generated a letter I could send to my ex explaining the tax laws and a backup plan for what to do if he tried to claim them anyway. Saved me so much stress and probably an audit headache down the road. Definitely recommend for anyone dealing with custody and dependent tax issues!

After dealing with my ex claiming our kids when they lived with me full-time, I was at my wit's end trying to reach the IRS. Called for WEEKS with no luck. Then I found Claimyr and it literally saved my sanity. It's a service that gets you through to an actual IRS agent without the endless waiting. I went to https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They had me talking to a real person at the IRS in about 20 minutes instead of waiting on hold for hours or getting disconnected. The IRS agent I spoke with explained exactly what documentation I needed to prove my kids lived with me and how to contest my ex's improper claims. Completely worth it when dealing with time-sensitive tax issues like dependent disputes.

I have to admit I was wrong about Claimyr. After my skeptical comment, I decided to try it myself since I was getting desperate with my own dependent situation. I couldn't believe it actually worked! After weeks of trying to reach the IRS myself with no luck, I was connected to an agent in about 15 minutes. The agent I spoke with was super helpful and explained that since I had my kids more than 183 nights of the year, I had every right to claim them regardless of what my ex was trying to do. They guided me through exactly how to document everything and what to do if my ex tried to claim them first. I was able to get my return processed correctly and received my rightful tax benefits for my kids. Never thought I'd say this, but being able to actually speak to someone at the IRS made all the difference.

Another important thing to consider - your dad might be confusing the rules about child support and tax benefits. Paying child support doesn't automatically give him the right to claim the children as dependents. These are two completely separate things under tax law. Child support is a legal obligation that has nothing to do with who gets to claim the tax benefits. The IRS is concerned with who provides housing and care for the children (the custodial parent), not just who provides financial support. Your mom should definitely consider filing taxes even with just SSI income. The Child Tax Credit could be worth thousands to her, which would directly benefit your siblings.

One thing no one has mentioned - if your dad claims the kids improperly, your mom can still file a paper return claiming them. Yes, it will trigger an IRS review, but that might be the easiest way to address this if your dad refuses to cooperate. When both parents claim the same dependents, the IRS will investigate and apply their tiebreaker rules. Since the kids live with your mom full-time, she'll win that determination. Your dad would then have to pay back any tax benefits he received plus possible penalties. It's not ideal and would delay any refund, but sometimes that's the only option when the non-custodial parent won't follow the rules.