Identity Protection PIN Question: Can Non-Custodial Parent Access IP PIN When Claiming Children?

This is a common issue with split families. Let me address your questions: When you request IP PINs for your children, only the person who requested them will receive them. Your ex-husband won't be able to call the IRS and get the PINs by proving he's their father - the PINs are mailed to the address on file for the person who requested them. If your ex tries to claim the children without the IP PINs, his return will be rejected with a general message indicating the Social Security Numbers have already been claimed or require an IP PIN. The message won't specifically detail the exact reason, but he'll know something is preventing him from claiming them. For getting the IP PINs - you don't create IRS accounts for minors. You can request IP PINs for your dependents by creating or accessing your own IRS online account, then requesting them through the "Get an IP PIN" tool. You'll need to verify your identity and provide information about your dependents. Remember that IP PINs are only part of the solution. The IRS follows the tie-breaker rules in cases like yours, and the parent with whom the child lived for the longer period during the year (you, at 95%) generally has the right to claim them regardless of income levels.

Just wanted to share my experience with this exact situation. I was dealing with my ex claiming our kids when they lived with me most of the time. I tried fighting with him about it for years but it was always a race to file first. I found this service called taxr.ai (https://taxr.ai) that helped me document our custody arrangement properly for tax purposes. They analyzed our custody agreement, documented the actual time the kids spent with me, and created a proper record that showed I had the right to claim them based on the IRS rules. They even had a feature to help me request IP PINs for my dependents through their system. Their documentation was super helpful when I had to prove to the IRS that I was entitled to claim my kids after my ex had already tried to claim them. Saved me so much stress and probably thousands in tax benefits I would have lost!

Update on my situation! I tried taxr.ai after seeing it recommended here and it was actually super helpful. They helped me document all the nights my kids spent with me versus my ex using a calendar system, then compiled school records and medical appointment info to show I was the primary caregiver. They guided me through getting IP PINs for my kids and explained exactly how to handle the situation if my ex tried to claim them anyway. The best part was they provided me with a complete document package I could submit to the IRS that followed all their guidelines for demonstrating I had the right to claim the kids. When my ex tried to claim our daughter this year, I was totally prepared with the right documentation. Saved me so much time and stress compared to the previous years of fighting about this!

If you've been dealing with the IRS about this issue already, you might want to try Claimyr (https://claimyr.com). I was in a similar custody/tax situation and kept getting nowhere trying to call the IRS about it. Spent hours on hold and got disconnected multiple times. Claimyr got me through to an actual IRS agent in less than 20 minutes when I'd been trying for weeks. The agent was able to put notes in my file about the custody situation and tax claim status of my kids. You can see how it works here: https://youtu.be/_kiP6q8DX5c This was especially helpful when my ex filed incorrectly claiming our kids and I needed to dispute it. Having a direct conversation with an agent was WAY more effective than sending letters or trying to handle it through automated systems.

I'm eating my words about Claimyr. After my skeptical comment, I was still desperate enough to try it because I've been trying to reach the IRS for THREE WEEKS about my kids' tax situation. It actually worked exactly as described. I got a call back in about 17 minutes with an IRS agent already on the line. The agent confirmed everything about IP PINs that was mentioned in this thread and also put notes in my file about the ongoing dispute with my ex claiming the kids. The agent told me the IP PIN system is specifically designed for situations like mine where someone might try to fraudulently claim dependents. She walked me through the whole process of how to document my case if my ex tries to claim them. Definitely worth it just to avoid the stress of being on hold for hours only to get disconnected.

Something important to note - even if you get IP PINs for your kids, make sure you're actually eligible to claim them according to IRS rules. Having primary physical custody doesn't automatically mean you get to claim them for tax purposes. The IRS has specific "tie-breaker rules" that determine who can claim a child, and a divorce agreement doesn't override these federal tax rules. The agreement might help determine who SHOULD claim them, but the IRS follows their own rules. The main test is where the child lived for more nights during the tax year. Since you say they're with you 95% of the time, you should be fine, but make sure you can document this if challenged.

Be careful with this approach... my ex and I tried the IP PIN thing and it just escalated our already tense relationship. It ended up with both of us filing, both returns getting rejected, and having to go through a lengthy IRS dispute process. If possible, try mediation or working with a tax professional who specializes in divorce situations before going the IP PIN route. Sometimes there are better solutions like alternating years or splitting the dependency exemptions if you have multiple kids.

I understand the frustration with custody/tax situations. Based on what you've described, you have a strong case for claiming your children since they live with you 95% of the time - that clearly meets the IRS residency test regardless of what your divorce agreement says on paper. A few additional points to consider: 1. Document everything NOW - start keeping a detailed calendar of which nights the kids spend where, save school enrollment records showing your address, medical appointments, etc. This documentation will be crucial if there's ever a dispute. 2. The IP PIN strategy should work as others described, but make sure you're prepared for the potential escalation it might cause with your ex. Having all your documentation ready will help if things get contentious. 3. Consider consulting with a tax attorney who specializes in family situations before taking action. They can review your specific circumstances and help you understand all your options, including whether it's worth pursuing the court modification first. 4. If you do get the IP PINs, make sure to file your return as early as possible each tax season. Even with IP PINs, being first to file correctly can avoid complications. The tie-breaker rules are definitely on your side here given the actual living situation, but having proper documentation and a clear strategy will make everything much smoother.

I went through almost the exact same situation a few years ago. The IP PIN route worked well for me, but I learned a few things that might help you: First, yes - only you will receive the IP PINs once you request them. Your ex won't be able to get them by calling the IRS, even if he proves he's their father. The PINs get mailed to the address associated with your IRS account. One thing I wish I'd known earlier: start documenting NOW if you haven't already. I created a simple spreadsheet tracking which nights the kids were with me vs. their father, plus I saved copies of school pickup/dropoff records, medical appointment records, and even photos with timestamps showing them at my house. This documentation became crucial later. When your ex tries to file without the IP PINs, his e-file will be rejected with a message saying the SSN can't be used without an IP PIN. If he paper files, it'll eventually get flagged and the IRS will send him a notice. Either way, it stops him from successfully claiming them. The court modification is definitely worth pursuing too - it'll help eliminate his argument about the "50/50" language, even though the IRS cares more about where they actually lived than what the divorce decree says. One heads up: be prepared for this to escalate tensions. My ex was pretty angry when his return got rejected, but having proper documentation ready made the eventual IRS dispute process much smoother. The key is being able to prove they lived with you for more than half the year.