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

He’s up shit creek without a paddle! STUPID

Technically if he supported your child for 51% or more of the year, he gets to claim the. Child

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Call the IRS tell them what’s going on they love fraud cases especially if you have documentation

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Report and send all the proof you have to your case worker.

Get a lawyer or cpa

Can he claim a noncustodial child as a dependent? Yes if two conditions (in addition to the child being a citizen and being able to be claimed in the first place etc) are met. First, he must provide at least 50% of the support (and child support checks are much easier to prove than individual expenditures). Second, there must be a documented arrangement that he will claim the child as a dependent, either through IRS form 8332 or (and here’s where it can get tricky) in the fine print of the custodial settlement. Nobody can give you a definitive answer to your question without reviewing the court documents. But it’s likely if he didn’t have legal representation and you are the court-ordered custodial parent that he has not secured this provision.

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It’s going to take them about two months to even bother one of my friends is going through that but it was a random person that claimed her kid

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In order to file with a child the parent must have lived at least 6 months of a calendar year. Now it’s a matter of time since you reported it. It’s going to take longer though while they sort through all the papers and make him give back the money.

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Go to the IRS. Take them you’re 1040 forms and you’ll be fine. Hell end up getting in trouble, and theyll investigate both of you so you’re tax refund might get held up a bit but you will get yourr money.

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Be patient. The IRS takes forever

The irs will go after him for fraud,he will have to pay that back

Best choice ever gave up back pay to get tax return for my son! His father hasn’t paid a dime be patient ull get it

Ex husband or ex boyfriend… there’s a difference. How old is the kid? Claimed every other year by either of you?

Call quick before gets the return money. I had a similar situation

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Disgusting that one parent gets soul custody in today’s age, should be 50/50. pull your heads in for the sake of your baby. grow up and share the responsibility.

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It will take time. Be patient. If you’ve reported it and sent all documents in then you’ll be fine. Just will take a bit and not a few days or weeks. I know it sucks but it is what it is.

Call the IRS and tell them what he did. Sometimes even if you mail it in they wont look at it right away. But if they end up giving him the money for the child tax credit they’ll make him pay it back or take his next year taxes till its paid off.

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You’ve let the IRS know you are the one entitled to claim your child. They will catch up to him.

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Just wait. Their going to give you the money back

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Wow…he sounds like a piece of work!

Get a lawyer, he owns s u money.

As far as I have been told its whoever claims the child first. Not much you can do about it unless you take him to court.

Go in person to file

If there’s a court order saying you get to claim as well as proof you provide over 51% of the child’s needs, which full custody you do, you file claiming him. You’ll get a notice from the IRS but all you need to do is show proof and the court order and your ex will have to deal with the IRS for that stunt

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You’ll be hearing from them! Trust me! Be patient! You’ll get it Mama! And they’ll go after him!

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Report him to the irs …thats whatd i do

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First call the irs and tell them what happen, you will get your money he will be in trouble. They will take it back from him one way or the other.

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If it’s court ordered and you sent the custody papers in then you’ll get the money back. My ex has done that twice and claimed our daughter not in his year and it takes just a little bit longer for them to sort it out.

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Exactly what you did is all you can really do

Send all your proof along with your return to the IRS. They will aduit both of your returns and it will be a bit of a wait but in the end you will get your return.

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I’ve heard U can paper file and y’all will both receive the credit but u will both be audited … U have the proof proof tho he doesn’t … Irs should get back to you they are being flooded with calls atm I’m sure

From what you said, you’ve already done all that can be done. Unfortunately it’s going to take a while for the IRS to sort it out

Keep calling. This should flag his SSN in the future. You may get it back and he will pay a penalty

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Claim them as well the irs will do a investigation and whoever the child resides with more will get to claim them unless it’s in a court order then they will go by court order it will take longer but you’ll get it and he will have to pay it back

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Me and my ex rotate our daughter but he didn’t state anything about it in the court order but the court order he gets her 8 days a month!! I have her 269 day a year he has her 96 days a year

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Take it to court it’ll be fine
If its a court order saying you are to claim he will be the ine in trouble

Bro call the IRS lol

I’ve had a few clients that this has happened to. You need to call and make an appointment go up there and show your proof it’ll take a little longer to receive your refund but you’ll get it

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Go back and file again. They will dispute his case

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next year file on the very first day

When I filed my taxes I provided a copy of my custody agreement with my taxes.

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Whoever had her with them over half the year gets to claim her. If that was you and you can prove it, report him to the IRS and he will be required to revise his income tax return.

File a report for tax fraud.

There is a form you have to sign to Verify that he can Claim the child if you didn’t sign that I would be looking in to it

You will have to wait. It can take up to 12 weeks for a reversal to happen but it will get corrected as long as you sent all required documentation. He is EF-D if he is found in the wrong because they will demand repayment immediately as well as fines and penalties. Depending on the situation it could even bring fraud charges against him. Just wait it out is the best advice I can give you.

A court order to prevent this even while separated-
Simple fast way is file a child support claim they will take his return for back child support-

As previous IRS employee, the correct answer is to file your return by paper the first time, the IRS will examine both returns. You probably be asked to provide info to prove who has the right to claim the child. The correct taxpayer will be given credit for the child and if not him, he will have to pay back any credit he got back. This can take a while but just be patient,

This happened to me.
So…it took FOREVER. The IRS took the money from him…refiled my stuff and gave me the money…HE had to pay ALL the penalties on it plus had to pay for my fees to redo my taxes and the fees to redo his. Oh and he owed back child support so I received his taxes as well as a :rofl:

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I just did this same thing… so what you need to do is file a amended tax return, 1040X, adding the child to your return. Along with this you will need to send proof that the child resides with you more than 6 months of the year plus proof that of course the child is yours as in birth certificate. They don’t go by court documents unless previous to 2009 unless there is a court doc saying he can claim the child. Also if you have already done this, it can take up to 16 weeks. It take 3 weeks for it to show in their system but you can check it online. You can also call the 800 number but select check amended 1040x unless you didnt amend it and printed it and mailed it in.

Not sure what state you are in but I have full custody in Indiana. Dad has parenting time but in our court documents it states even years are his year (as long as he has paid 90% of the time that year) and I am odd years. I would recheck your paperwork just to be sure. I have to fill out a paper to allow him to even claim him on his years.

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File early next year. The IRS will eventually get through your paperwork. To claim a dependent you have to provide over 50% of expenses.

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If you have a court order he has to amend his tax return. You will probably need to take him to court if he doesn’t comply but you can also file an appeal to make him pay for your court costs. Once he realizes how much this has cost him he won’t do it again…

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That means you are going to have to file a paper return. One or both of you will be audited. I would include with the return a copy of the custody agreement, so you make sure it’s him :wink:

File a paper return instead of e-file. You will get the money and it will eventually come back around to him where they take it back. It takes longer to get your return this way but that’s how I had to do it. I was told to do it this way by a manager at H&R block

Talk to him about it first. He may be reasonable and down the road you can bring this instance back up with how yall handled it. Because kids are forever. You will have to be civil for a very long time :sunglasses:

You can have his taxes amended if you have it in a court order . Then he will have to pay the federal government back . If you have taken care of the baby and have a court order then do it and let him figure it out

Primary care taker gets to claim child… u will have to report it to the IRS. He will have to return/ pay back and most likely have a fine as well

Go to the IRS in person! If you have all the documents supporting your case they will recollect the funds from him.

There is nothing else to do at this point. They will send you a notice once they input your return, the notice will give you direction. Calling them before you receive a notice from them will not do anything to speed this up.

It happen to me 25 years ago call the 𝙄𝙍𝙎 they we make him pay it back an put a flag on the ss# only you can claim your children

Let them know that u didn’t give him permission and it’ll be a while til u get ur money but ull get it and he well be penalized for 10years

The individual paying the bigger percentage of yearly cost gets to claim child. Contact IRS

Only thing you can do is wait. your ex will have to pay all that back…

The irs claim can take a really long time. Only thing you can donis have patience.

This happened to me i had gave info to my accountant he smiled and said I got this my return was given to me in full and on time the ex never tried it again

Just wait to hear back from IRS. It will take a while but he will have to pay back everything plus intrest

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You can say we claim her every other year,this year was yours obviously

The irs will fix it if you showed them the court documents it takes awhile like a few months

Call and check with the IRS, it does take them awhile to process these

Tell your ex to give you half that money or you are going to report him to the IRS and if he don’t,report him!

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Call irs. Next year file first thing:/ .

Once the taxes have been filed nothing can be done.

And will owe all that money back

no worries let them do the work the irs will get him

It takes time. Lots of time.

It can take up to 60 days (business days) to hear back.

See about changing their social security number

Candice Gilbreath, tell Alex to check on this. He may be able to get her for claiming Chandler in Alex’s years.

U report him and wait he will be in serious trouble