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

I had the same thing happen to me two years ago. I had to mail everything in with my divorce decree to show I was the one to claim her. I was able to get my refund min June that year. It will take some time for it to process. Also he will be flagged for fraud when he files the next year. You did all you can do now you have to wait.

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IRS does look at court orders after you hard file. It will flag and take a while. I found that I had to send and have verification of receipt because they didnā€™t get the first time. But also I would be at the court filing a complaint. My ex doesnā€™t have the kids social security numbers and did try once to get my sonā€™s.

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Take that bastard back to court, sis.

I went through this last year. I wrote the IRS a letter explaining the situation and sent a copy of our custody order and eventually I recieved the money.

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You can provide your court docs to the irs and he will get into trouble for fraud. Donā€™t listen to the negative nancies in this group saying better luck next year no f that you will get your taxes for her not him .

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My x claimed one yr with our daughter he doesnt see and I claimed my daughter the rest of the time.and nothing went to her which made me made he wouldnā€™t got that 3 thousand if wasnā€™t for her.buti never had to turn custody info in for taxes.and never married

Call and hound them for information. All your documents show your the one to have it then he is toast

Thatā€™s tax fraud
Follow through
It will take time which sucks ! But in the end it will work out and trust he wonā€™t FU** with you
Or the IRS again !

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Content of court is the process mine is the same I am the only one to claim my kids. If he is to claim the kids thereā€™s a certain form I would have to fill out for each child for him to able to. If he was to claim them without that form I am not sure what IRS would do.

find out what the IRS ultimately they donā€™t give a s*** what the parenting plan says you are the caretaker of that child you are the one that needs the legal minimum requirements he does not.

IRS will sort it out and kick his ass. Should be enough that he thinks twice next time. Any contact you have him, record, pictures on phone of messages. Always be respectful and to the point. Then take to court. There are remedies, they just take awhile. Another post on here mentioned preventative measures for next time. Sucks that it happened but now you can be prepared for shenanigans later on with him.

Patience and time. My nieceā€™s ex tried to pull this and in the end, she received her return claiming their son and he got in trouble with the IRS

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It usually takes a while mine took a month and my check showed up in the mail then I received saying they approved my refund

This happened to my fiance a few years ago. As long as you mailed in all the necessary paperwork you will get your refund but it may just take a few weeks. Itā€™s a pain but they will then go back after him for the amount he received

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Wait till the IRS notifys you.

What a dummy! Good luck. We had a issue with child support and it took us 7 months to see any money. So Iā€™m sure it will take time.

The ITS will get it straight it just may take a while. Good luck and hold tight

Call IRS immediately!

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Send all that info to the IRS!

When me and my husband separated I had to show school records of them living with me. I only had to do it the one time. The IRS will ask for documentation that the child lives with you and he will have to give it back if he has received the money. If not, they will do the audit for documentation.

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Make better choices who you sleep with :face_with_monocle:

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Provide the documentation that youā€™ve had her and provided for her. Theyā€™ll get it sorted for you.

Go see the IRS and take him to court. He violated the terms. The judge can take his check.

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When we filed we always had to file with a copy of the court order that says we had the right to claim, they should accept yours with that and deny his

Does It say on ur taxes u claim him

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You can send proof and hell get audit than owe. Happened to me. Mine automatically flagged using his social as used twice. I didnā€™t do court or any our tax person was great

Why is this even a question since youā€™ve already done what youā€™re supposed to do?

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Itā€™ll could take weeks to months but once itā€™s sorted out heā€™ll be required to pay back what he received and you should get it. Or maybe call an attorney and try to make it so he has to give you however much he received for your baby.

Call the IRS donā€™t wait.

I had an issue before a while back. Someone (suspecting my ex) tried to clame me on their taxes so I had to submit all my info and copy of my ID along with other info proving Iā€™m me and no one should be able to clame me. It took till May to get my return back but after that they mail me a special id number every January so that way no one can try to do it again. Unfortunately it will take a while for them to get it all taken care of but they will get it done. It just take time and patience. If you want you can try to call and fallow up but be prepared to be on the phone for an hour at least waiting on hold. Good luck

U will have to print them out and mail it to them. Send a paper of paper showing that u supposed to claim the child

I would recommend going down to an IRS location and be seen, I had to report to the IRS when my identity was stolen by my own father to file my taxes. I spent the entire day there to deal with it but by the time I left my taxes were filed and they filed against my dad for claiming me illegally.

The only way the non-custodial parent can claim the child is if you filed the 8332 form giving him the right. You can get this sorted out with the IRS just send all supporting paper work. He will have to pay back his refund and you will get yours. Unfortunately itā€™s going to delay your refund significantly.

Contact the court and keep bugging the IRS. Fuck him and his bullshit. If the courts ordered in your favor his ass is grass.

Omg so my dad did this to my mom! It was a pain in the but in the end she got to claim us. When she asked what they were going to do about my dad claiming us they said they will hit him with in audit in 5-10 years so they can hit him hard with interest.:joy:

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Iā€™d call the IRS right away, and contact the court. Make sure to have all your proof. Itā€™ll take awhile Iā€™m sure, theyā€™ll have to prove and redo everything but itā€™ll be worth it.

There is a paper that you need to sign if you said it was ok for him to claim your child.

Report him to the irs and send him to jail. :woman_shrugging:t2:

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If you have court documents then youā€™ll get the refund and theyā€™ll take it out of his taxes next year.

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You also need to file contempt charges if he violated the order and thats a pretty big violation

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I wrote to the IRS and it took a few extra months but I got it back.

I would also call your family court. Besides IRS fraud heā€™s also guilty of contempt of court. Stay with IRS. They told me they donā€™t investigate all claims. I was told to ā€œfile faster next yearā€. So we file as soon as we get the W2s.

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When you file and they go to submit the return it will tell them someone claimed the child and you can find out who and they can start an investigationā€¦if you have all the necessary paperwork to prove you legally have custody of the said child You can get that money back

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You did all you can do! So now itā€™s just a waiting game

If youā€™ve sent in the paperwork you just sit back and wait. It takes a few weeks

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Sounds like you did everything your supposed to do. Itā€™s a waiting game now. Unless you call or visit an IRS office.

They contacted me and had me come down for a hearing. I was granted the money back and my ex had to pay!

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I had full custody, too. The ex claimed him on taxes and Isent my divorce decree and custody order to the IRS. I got my reund and he owed them thousands.

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Call them. I would talk to someone in person. If you have the paperwork he committed tax fraud and will be fined and have to pay back what ever he got back

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Just hold on you will hear from them it may be awhile but you have to wait that same thing happened to me and I heard from them in about 3 months and I got all my taxes back so just hold on they will come

Call the IRS. You should get the refund. Have all the proof ready.

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That happen to me once, i also claimed my kids that lived with with meā€¦He had to pay IRS backā€¦

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Go to a CPA with your paper work and taxes

It will takes 6-8 weeks maybe longer. You will just have to wait.

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Contact the IRS it will probably take them awhile to figure it out but they will Sorry you have to deal with a ass of a ex

It will take a while but you will get your money and he will have to pay it all back. With interest. It will be the sweetest karma when it happens. Hang in there

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Paper file your tax return. And they will mail both parties paperwork asking g for supporting documents

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File first next year, do you work?

My exā€™s baby mama did this to us when it was our year to claim him. We fought it but didnā€™t win

It would depend on the rules where you live. My last custody battle, I was in formed the taxes are determined by income of each parent. So if you both work it gets split between the two. For say you donā€™t work and he does, he gets to claim. Thatā€™s not everywhere as far as I know. It didnā€™t used to be that way here.

Oh and court order doesnā€™t exceed the rules in your county

My ex did the same thing. Took a while but it was sorted out and he had to pay it back with interest and they released my refund to me.

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The IRS is flooded with that stuff ever season be patient you wont get a return tomorrow but be patient!

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This happened this past tax season to us. You simply file as usual and add paperwork proving you have had custody and been the provider for the child. Simple as that. It took 3 extra months for us to get our tax return but thatā€™s it.

Sorry to hear that, I hope you are able to remedy the situation. Just be patient & wait until the IRS reviews your case, iā€™m pretty sure they will side with you, and your ex will have to pay back the money, itā€™s like fraud what he did. I hope it turns out favorable for you. Just stay positive and continue to take care of your children like u have. Let things play out.

If youā€™ve mailed your supporting documents, then you sit back and wait. The IRS will stick him. It may take a little bit longer than normal.

He will have to pay them a penalty, just went thru this with my husbands ex, claiming kids that donā€™t live with her.

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Report him for fraud to the IRS bc thatā€™s what it is

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I worked at the IRS you just call and report it

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Youā€™ll have to get with your ex, and he will have to amend his taxes so you can claim your child. If he doesnā€™t agree, you can file contempt of court, and that will result in a motion hearing.

Be patient, youā€™ll get it, heā€™ll have to pay it back, some dead ass parents do this for the mobey, and dont give a flying flip if their childs what it needs, they need to be drug through a cactus field, naked, and balls a bouncing for starters, P O S

If you still have his SS # call the IRS and report it.

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This is an easy one, just call them and explain and it will all get sorted, if you have full custody granted by the court then itā€™s a no brainer just show your proof then problem solved

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wait for the IRS decision. He will be totally screwed. Keep pushing the IRS to investigate

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It takes 4-6 weeks to get your taxes back after sending in the info with your paper filing we went through this last year šŸ¤¦šŸ¤¦

Call the irs and tell them

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File as usual. Call them. Also prepare to send in any and all supporting documents. It will all work out just have to wait a little longer.

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They will have you send in the court agreement and send the money to you.

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If he already spent what they sent him, he has to pay it all back.

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I believe it will also block him from trying to claiming the child again.

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It took me a year or so to get my money back when my ex did this to me

Fraud! Cuz thatā€™s what it is.

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If you have full custody he cannot claim the child on his taxes i went threw this with my ex wife

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This happened to my brother before. His ex had no custody or anything of his daughter and one year she just decided she was going to claim her even though she had nothing to do with her or supporting her. She filed her taxes early and already got her refund, we know that because she had a new car with no job and no other way to pay for itā€¦, so when my brother went to file his taxes, they got rejected because she already claimed their daughter, and already got her money back. He had to send his taxes in VIA mail and send in proof that he had custody of her through the entire year and was the Sole Provider for her, and he did get his rightful tax money, just took a littlw bit longer. She had to pay back the tax money that was given to her. I doubt she ever did pay it back though because sheā€™s a drug addict, who doesnā€™t work so I donā€™t know how she could have. I would imagine eventually she will get in trouble for tax fraud. Then again sheā€™s constantly getting arrested and nothing ever sti,cks to her, sheā€™s like the Teflon Donna, so she probably wonā€™t get in any trouble knowing herā€¦

My ex wouldnā€™t have the balls to claim my kids, because do you really even sees them, and pays no money and child support. Not to mention the fact that owes the IRS money so they would just keep it all anyway, plus he doesnā€™t have their social security numbers only I do. However, that is why I always file my taxes as early as possible. Because there are people out there who can get a hold of your kids social security number and file a false tax return, claiming your children. I know the longer you wait, the better the chance of that happening, so I file mine as soon as I get my W2.

Report it. But if it doesnt say in the court papers who gets to claim it goes to the parent who makes the most money that yearā€¦ thatā€™s what I was told by the irsā€¦ :confused: good luck. And I know if u contact the IRS to figure that out u wont be getting your taxes for them till summer timeā€¦

Yell at him until he does an amend. Thatā€™s what I did. Worked! But I wont see my money until April and Im super pissed about it.

Itā€™s so annoying, because itā€™s shit like this, and tax scammers, that are the itā€™s taking me so long to get my taxes backā€¦ Iā€™ve worked at the same job for going on 8 years, my children are 3, and 6, so Iā€™ve been claiming them for the past quite a few years, nothing has changed at all on my taxes, except I moved and I got a huge promotion and raise in November, still not enough to change my tax bracketā€¦I do TurboTax every year, yet I just got a letter in the mail stating that my taxes were chosen to be put under review which can hold back me getting my return for up to 45 days. Iā€™m so mad, they picked the first year that I am a single mother, supporting my kids on my own, in my own home which I pay for. Itā€™s just really frustrating because thereā€™s people out there who are scamming the IRS and already got their money, while Iā€™m sitting over here waiting for mine to come in so that I can help supplement my income and help with my rent since I get no child support whatsoever, doing everyth,ing by the booksā€¦ and Iā€™m ā€œunder reviewā€ā€¦

When my parents split, whoever took care of my for the last 6 months claimed me, which was my dad. If my mom tried, too, she wouldā€™ve been in trouble and had to pay back the money she got off of me. You should be able to report it then claim baby yourself

Go to an IRS office. With documentation. They can stop his return. And they will freeze his assets to get their money back if they have to.

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Contact IRS ā€¦ they will audit himā€¦

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Rejected?? I know I filed anyway with a tax service and checked with another for a second opinion. They said there was nothing stopping me and he would end up being caught anyway when it is looked into why this child was claimed twice. :woman_shrugging:His problem not mine.

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Same thing happened to me this year. You have to file amendment after that is filled and sent to IRS they will notify you and the other party who claimed and ask for proof once thatā€™s established and you prove that you took care of the child all year and that child lived with you all year you will win then he will have to pay all that money he got back plus he will be in trouble.

Have it in either divorce/legal paperwork stating you get to claim the child

As long as you report it, itā€™s just a waiting game. Maybe follow up if you dont hear anything from them. He will need to pay the money back

Itā€™ll take the irs approximately 6-8 weeks to process your information. Since you provided proof then they will cut you a check and he will have to pay his refund back.

If he is behind on cs then u will get the money anyway!

Just send all ur proof. Dr letters. Insurannce papers. Hell get audited. Youll get ur money. Unless a court orders it. He is NOT ALLOWED TO DO THAT.

If you got the baby you should get the money report him and keep trying to get your money

If you have documentation that you get to claim her, then he can literally have federal fraud charges against him. Also, he had to have a firm signed BY YOU in order to claim her, so he had to have forged it!

About to go thru the same thing with my 2 oldest kids dad. He broke court order and I have got all my proof from Jan-Sept of 2019. He knew he wasnt suppose to but done it anyway and sent a sly text giving me heads up as he said that he claimed bothā€¦