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To be a qualifying child, the child must be your biological child, stepchild, foster child, sibling or stepsibling, or a descendent of any one of these, such as a grandchild or niece. As such, the fact that your ex is claiming the children doesn't disqualify him from doing so, as he is their stepfather.
To claim a child's income on a parent's tax return, the child needs to be considered a qualifying child dependent of the parent. Parents can use IRS Form 8814 to elect to report their child's income on their tax return instead of the child filing their own return.
You'll simply have an additional step in the process that involves using Form 8453: U.S. Individual Income Tax Transmittal for an IRS e-file Return. Once the IRS accepts your return, you'll need to print Form 8453, sign it, and mail it into the IRS with the appropriate forms and documents attached.
If you are the custodial parent, you can use Form 8332 to do the following. Release a claim to exemption for your child so that the noncustodial parent can claim an exemption for the child.
You usually can't claim the child and dependent care credit for a nondependent child. The only exception is if the child would have been your dependent, except for one or more of these reasons: The child had gross income of $4,400. The child filed a joint return to claim a refund only.