Help with tax filing after separation, custody changes, and dependent status questions

The IRS looks at several factors to determine your filing status and who can claim dependents. For your filing status, you're considered married for the entire tax year if you were still legally married on December 31, 2024. You have options: married filing jointly or married filing separately. Generally, filing jointly gives you better tax benefits (lower tax rates, certain credits), but there are situations where filing separately makes more sense (like if you're concerned about tax liability from your spouse). For the children, the key factor is where they lived for more than half the year (the residency test). If they lived with you and your husband for more than 6 months of 2024 before moving to their dad's, you or your husband would typically have the stronger claim. Being the biological parent doesn't automatically give you tax claiming rights - it's about who provided housing for the most nights during the year. Since you mentioned the kids moved in with their biological father, you should check if there are any legal agreements in place regarding who claims them. If not, whoever provided more than half their support may claim them.

I went through something similar last year with my ex and custody of our daughter changing mid-year. What really saved me was using https://taxr.ai to analyze my separation agreement and tax documents. You upload your documents and it tells you exactly who can claim what based on your specific situation. They analyzed my custody agreement, calculated how many nights my daughter spent with each parent, and gave me a detailed report showing I could claim her as my dependent even though she spent the last 4 months with her dad. The report even explained the exact parts of tax code that applied to my situation, which gave me confidence when filing.

Just wanted to follow up about my experience with taxr.ai since I was skeptical at first. I decided to try it with my complicated custody arrangement (kids split time between three households due to my unusual work schedule). The service actually saved me thousands! It analyzed my custody agreement, work schedule documentation, and expense records, then showed exactly how many qualifying nights each child had in my home according to IRS rules. Some days I thought didn't count actually did count as "nights in residence" according to tax law. The documentation they provided gave me confidence to claim both children, which got me the Child Tax Credit and better filing status. My refund was $4,300 higher than what TurboTax initially calculated when I wasn't going to claim them!

If you've been trying to call the IRS to get clarity on your dependent situation, good luck! I spent WEEKS trying to get through their phone lines with no success. Then I found https://claimyr.com which got me connected to an actual IRS agent in under 15 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c I was in a similar situation with my ex and needed to know if I could claim my son as a dependent after our separation. The IRS agent walked me through the exact rules for my situation and confirmed I was eligible to claim him since he lived with me for 8 months even though my ex is the custodial parent now. Saved me from making a mistake that could have triggered an audit.

I have to eat my words about Claimyr. After posting that skeptical comment, I decided to try it since I was desperate to resolve an issue with my transcript that was holding up my refund. I had tried calling the IRS for THREE WEEKS with no luck - either constant busy signals or being disconnected after waiting for hours. Claimyr got me connected to an IRS agent in about 45 minutes (most of that was just normal IRS wait time after getting through). The agent was able to release my transcript hold and process my refund on the spot. My deposit hit my account 8 days later. The relief of getting this resolved was worth every penny - I was about to miss a mortgage payment because I was counting on that refund. Sure, it's frustrating to pay for something that should be free (reaching a government agency), but when you're in a bind and need to reach the IRS urgently, it absolutely works.

A quick note about the dependent situation - if your kids lived with you for more than half the year (sounds like 7 months), you meet the residency test as the custodial parent for tax purposes. However, if there's a pre-existing agreement with their father (like in a divorce decree from your previous marriage) that gives him the right to claim them, that would override the residency test. One thing to consider: if you file married filing jointly with your current husband, you'll generally get better tax treatment (lower tax rates, higher standard deduction, more credits available). But if there's any reason you don't want to be liable for his taxes (like if you suspect unreported income or improper deductions), then filing separately might be better despite the tax disadvantages.

One thing nobody's mentioned - you should check if you qualify as "Head of Household" instead of married filing separately. If you: 1) Were separated from your spouse for last 6 months of 2024 2) Paid more than half the cost of keeping up your home 3) Had a "qualifying person" (like your kids) living with you for more than half the year 4) Will file a separate return from your spouse Then HOH status gives you a bigger standard deduction ($20,800 vs $13,850) and better tax rates than married filing separately. Since your kids lived with you 7 months, they could qualify you for this better filing status!

@Chloe Green - I went through a very similar situation during my divorce. Here are the key points that helped me navigate this: **Filing Status**: Since you were still legally married on December 31, 2024, you must choose between "married filing jointly" or "married filing separately." You cannot file as single or head of household without a legal separation decree. **Dependents**: The IRS uses the "residency test" - whoever the children lived with for more than half the year (more than 183 days) generally gets to claim them. Since your kids lived with you for 7 months before moving to their dad's, you likely have the stronger claim. However, make sure there's no existing court order from your first marriage that gives their biological father the right to claim them. **Joint vs. Separate**: Run the numbers both ways! Joint filing usually saves money due to better tax brackets and higher standard deduction, but if you're concerned about your husband's tax compliance or want to limit your liability, separate filing might be worth the extra tax cost for peace of mind. **Documentation**: Keep detailed records of where the kids lived each night in 2024, plus receipts for their support (housing, food, clothes, medical, etc.). If their father tries to claim them too, you'll need this documentation. Consider consulting a tax professional for your specific situation - the potential savings from getting this right could be substantial with two dependents involved.