If you are the one entitled to claim them and he does it instead, then you could report it, and get a remedy. However the smartest thing to do is run the numbers, see who would get back the most money by claiming them, or if you split them up and one of you claimed one and one claimed the other. Whatever gets you the biggest refund, do that, and then split the refund between you.

He makes more money but, we have equal time with them. That does not make any since that if he makes more money he can claim both of them. If we run the numbers I get more back. He doesn't get anything back b/c he makes so much.

They are 6 years old, and these past 6 yrs we have always done it that I claim one and he claims one. But since he is upset about the break up now he is saying he's going to claim both

Well, that is the IRS rule. Thank goodness I don't make those rules, but that is the way it is. I don't think they figured on the earned income credit when they made that rule. But if you get more back, try talking to him. Or go back to court and get an order so that you can claim them. And does he actually have them an equal number of nights? Or is that just the plan.

I have them Sunday-Sunday, and he has them Sunday-Sunday. So I guess one of us has them one extra night but, I don't know how to determine who that person is

I would suggest that you try to talk to him about it from an economic perspective, and if that doesn't work, go back to court or mediation to get an order regarding who gets to claim them if he plans to continue harassing you with this.

Okay thank you. There is absolutely no talking with this gut. Thanks for the advice!

Good luck!!