My ex claimed our child on his taxes: What can I do?

Just a quick question. My ex claimed our baby on his taxes, so I got rejected when I went to file my taxes. Our baby has been living with me since we separated. I have been only one taking care of her . Buying clothes, daycare expenses, birthdays, and holiday celebrations have been my sole responsibility. The judge gave me full custody, and he got parenting time and had to pay child support. The court order also said I should be the one to claim her. I mailed my information to IRS with all the supporting documents, but I have not heard from them yet. What should I do?

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It will take a while

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Wait because it takes awhile and he will end up having to pay the money back

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File a police report then contact the IRS

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I just dealt with the same thing all you do is mail everything in. It takes around 6 weeks to hear anything. So you will just have to wait it out unfortunately.

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It takes a while. Sit back and wait. He will have to pay the money back

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If hes not had her 6 months out of the year he cant file the child. He needs to amend his taxes.

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I’d be on the phone everyday till they got it figured out if he ain’t got them back yet they can put a hold on his taxes

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Wait it out girl. He will most likely be red flagged after they read the court documents and then I think you should be able to claim her after it’s all sorted out

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As soon as they receive it, they will see your documents and see that he has none, you will get your return and he will have to pay everything he receives back

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All you can do is sit and wait or keep calling for updates :woman_shrugging:

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If you’ve already sent documentation to IRS you just have to wait. He’ll be forced to pay back the money he wasnt suppose to get once it gets sorted out.

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It will take a while but he will get into trouble and u will get ur money…u did the right thing sending the IRS proof

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There is nothing else to do the IRS will reimburse you ,then he will get penalized for seven yrs

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You should still be able to claim and file the taxes. The IRS will do investigation and if you had right to claim than you shouldn’t need to do anything further. I had the same situation a few years ago and got a letter from IRS stating someone else had claimed my son and if I was rightfully able to claim him than I wouldn’t need to do anything further.

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It takes month or 2 just had same issue and now dads in deep shit with irs

Do you have your ex’s social? Call the irs and report tax fraud

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it will take up to six weeks for you to hear anything back just keep checking in on it periodically but you will get your money and he will get fined by the IRS and have to pay back the money

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I dont think he can but you can

Report him to the IRS

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ItS in you paperwork
Show irs!!,
My ex didnt wsnt to get introuble n he just gave me the $ I was suppose to get back

You got receipts of daycare? Have them right a statement you picked the baby up and dropped off. There is always a paper trail somewhere also doctor visits. There is proof. What address is the baby registered as home address on childcare and doctors office

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The IRS takes its time so u might be waiting at least like 6wks

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It may take a while to hear from the IRS but if you mailed them everything even the court order then they will take care of it.

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Going through this now, it takes time… I’m hoping to hear something any day now cuz I know they received my letter cuz I mailed it certified

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Call them and report his ass.

Wait to hear from the IRS. He can get in trouble for that. My question is how did he get her social security number?

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They will send you the money and he will have to pay it back. Pretty simple if you have the documents from court.

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This happened 2 a friend of mine. Took her 2 years 2 finally get her refund from irs…

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It can take up to 12 weeks or longer to hear from them…

Same issue only mine did it in accident and sent thwm back a check… They told me because its rejected i will have to wait 6 weeks for processing and then wait for the amended form from my child’s father

Not trust the government

It will definitely take months to get your return. He will get his but once they read the documents from court they will penalize him for sure and then push yours through! Nothing about the IRS is simple. My finaces identify was stolen and they filed under his name. He proved who he was but it still took almost 11 months to get his return. They have to investigate and have lots of communication by mail only… it’s time consuming so don’t expect a refund any time soon! Always always keep yours and your children’s social security numbers a secret

IRS move slow but it sounds like you’ve done what you need to do. They will pursue any legal action against your ex and you will get your money but it will take a while.

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You can call the number to talk to a live person

Unfortunately, these things take time. Did you file when you sent the supporting documentation? If so, you will more than likely get your return. He will owe that money back.

Contempt of court. File a motion with the court.

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Be patient. I know it’s hard and it’s a crappy situation but be patient. If you mailed in all documents, you’ll get your money. He’ll be forced to pay back the credits he received for the child and also, won’t be able to claim any Eic or Ctc credits on another child for years.

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Report it they will give you the money and they will charge him the money back

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You will get the money. No worries, it will just take a little while.

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Wait for the IRS to respond .

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Send a copy showing you have custody, then yours will go through and he will be audited.

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You did the right thing. They will send you your return and require him to pay his back. How long have you been seperated? Who paid to support before the seperation?

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File with the court too. Hes in contempt :woman_shrugging:

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Tell him to give it to you. Makes life easier.

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Good luck, my sister has been raising his kids since he lost them 6 years ago, and the mother of the children always files and includes the kids, every year my sister sends in the same documents and then has to wait usually 6 months before she receives them, but only gets a portion. The IRS knows, and the mother is red flagged, but still continues to file. This is the 7th year of her battling the IRS, and nothing has been done to prevent her from doing this. Wish they would already.

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It usually takes around 2 yrs for the investigation to finish and you to be reimbursed…I’m so sorry hun! Some men are such scum.

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Be patient, you did the right thing. Since it is court ordered you can claim her, he will get audited.

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It takes months to process. You sent your documentation in and they have to give him a chance to prove he was right in claiming her. Once they get both responses they make a decision

It takes time with the IRS. But follow up. You have done everything correctly.

You did the right thing. File with the courts and hold him in contempt. I know it sucks to be fighting in court, but he has to be held responsible. There’s a court order for a reason.

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PM if interested- my husband and I went through this same thing and got it all taken care of- the ex had to amend her taxes and we had to send all court paperwork in to prove we had a court order that we were to claim her

You have to mail in a paper return, along with proof that your child has lived with you for more that 6m of last year, if your ex lived with you and your child for more than 6m last year he can file.

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Call the IRS and report him

Burn his house down :rofl:

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Paper file. Mail copys of occupy permit, lease w babys name. Docters records w your address.
You will get child credit… itll take longer since you’ll be paper filing. Then you both with be audited. Liars pays it back

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You will get the money and he will get fined it will just take longer

It can take 6 to 8 weeks to get a letter… then another 2 months r more to get ur money finally…done been thru it…an going thru it this year for last year taxes ! They did it again even with the special code irs gave me to use when filing…

The IRS is very slow at everything they do. Itll be awhile but hes in for a rude awakening

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Oh man. He’s in trouble :joy::joy:

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I’d go to your states revenue. I had to do that when we filed last year to make sure they got it

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Call the IRS or make an appt with the IRS at a local office and explain what happened

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He can it is his child too
Usually separated/ divorced parents take turns each year

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Are you still married if so then its whoever files first… irs dnt care what the judges ordered. Thats what i was told.

Send in the paperwork proving full custody and it only takes 12-16 weeks to get it and he will get a letter for filing wrong and will have to pay back the taxes. Happened to me this year with my ex husband.

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Either he can pay you what he got for claiming the child (best case scenario, if things are cordial between you two) or you can force him amend his taxes.

That’s all you can do. The IRS also doesn’t care about court orders. You can hold him in contempt and he could be ordered to pay you the money he gets.

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Send the IRS a copy of the full custody order and a letter stating you never gave him permission to claim your child. It happened to me 3/4 years ago by my son father abandoned him

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Call them and have some patience…

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Get to the courts asap. If the CO says ," mom is to claim all children in taxes " (or however its said with the legal terms). Then hes in contempt of the CO and he cannget into trouble. Make sure it says that in your CO. Just because you have custody means nothing sometimes. But if it literally says only YOU, the MOTHER is to claim them.at tax time…then hes gonna be in trouble. You took the right steps. But get to court.

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Ya do not be greedy … why is it only about the money ?
Focus on your child not how much money you can get for your child jeez

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The IRS should make it to where you can claim your child and they will either put a stop on his return and make him redo it or they’ll issue him his return and next year he’ll have to pay it back.

File before him next yr unless theres a court order.

She said her court order says she should be the one to claim the child. Therefore, wait to hear back from the IRS.

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You did the right thing .You will get the money they will audite him and make him pay all the money back it will just take a little while from the to respond to you maybe try calling them and letting them now you sent in the paperwork regarding your taxes and see what they have to say

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Go see someone at h n r block. Same thing happened to me. They reversed it and had him audited.

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I would ask a lawyer cause if that’s court ordered he’s in contempt…also if he’s behind on child support it will go to you anyways. My ex refuses to file (2nd year in a row) because it will go to arrears.

Can’t really do anything now. Go get an attorney an put it all in writing

Even if you didnt send the paperwork they would catch it and hold his next years return. My ex did this I had no idea

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Lol well that’s FRAUD… and if you prove you had your child for 6 mos he’s in deep sh*t.

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My dad tried to claim me one time. I had already filed mine and got a letter saying someone else used my social on their taxes. I called and explained and he got denied but had to pay a fine or whatever for trying to claim me.

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And they gave me a number to call at h and r , to set up a password so the only person who can claim any of my three children is the person who has the password

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Kick the ex in the balls.

The law says ur child has to have solelivrd with you for 6 months and 1 day of that tax year, if you all were together 6 months and 1 day then its whoever filed first, just cause you have sole custody doesnt automatically mean you get the tax deduction. You must have it in your court order, usually they do every other year, or if your full time judge may give u sole tax credit, but without a court order its whoever filed first.

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To whomever said it’s his child too and he can… no he cant. She was awarded that right. Depending on if they were married makes huge difference too. In state of tn a father has no rights unless married to mom. Obviously he can go file for rights but it’s not a given.

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Sadly in the eyes of the irs, its first come first serve. They dont care where the child or dependant is at, as long as thry were claimed

We are currently dealing with the same.
You have to hard file and send to the IRS. Once they process it, and it’s flagged again, they will send you and him a letter explaining what to do from there (provide all evidence that you are to claim.) and, if it’s proven in your favor they will withhold it from him if it hasn’t already been paid out. If it has, he will have to pay it back. You can also file contempt of court on him as well.

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Nothing. You sent in the papers. They’ll fix the issue within 6-12 weeks and he’ll get smashed for tax fraud

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Better luck next year.

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To claim a dependent they have to live with you more than 50% of the year. Wait on the IRS, or call them, they are not going to pay money they dont have to

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you did everything you needed to do, now just sit back and watch the shitshow because i can about guarantee he’s gonna get caught for fraud :sunglasses: as he absolutely should!!

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Call them. Check on the status. They will end up giving you the money and penalizing him for lying.

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How long was the baby living with him in ur home

If you have a local IRS office in your city (we do in mine but not sure of others) make an appointment and take them your court documents. I’d also make an appointment every week until it is resolved

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IRS in inundated right now. Just be patient. If he gets the credit… they will most like make him pay it back or arrest him once ruled in your favor. It sucks that you’re going to have to wait for months probably… but🤷‍♀️

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Go to a tax attorney they will take it from him if his return hasn’t hit and Grant it to you.

You both have to show proof of financial responsibility for the kid and show proof of where the child lived at for 6+ months out of the year

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File yours and the irs will sort it out

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Get a tax attorney and all IRS asap. Also contact social Security and have your daughters number flagged. That way if anyone else uses it they will be alerted to it right away. It’s not a quick fix but it will prevent this from happening in the future, and your ex is going to pay severe consequences once this all gets sorted out. You will end up with the return and he will owe every penny back to the irs

My ex did this. It’s illegal. U get an attorney .