My kids dad claimed them on his taxes...advice?

So my kids dad and I have been split for a while, he left the state last January. He just filed the taxes claiming the kids even though they’ve never lived a single day out of this state with him. Is there anything I can do?


Claim them as well and then prove you had them

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Paper file and IRS will handle it.

File and claim them anyway. The IRS will start a review of both taxes and you’ll have to provide prove such as school registration/attendance with your state and address as well as other forms of proof and it will take longer to receive but you’ll get your taxes and he will have to repay with interest everything they paid him. Other option is small claims court and sue for the child tax credit plus pain and suffering.


File your taxes like normal and report him.

File your taxes anyway. The state you live in will open an investigation and you will have to take proof of them being at your address possibly with some school documents to show that they have lived with you. You will get your money it will just be delayed. They will make him pay it back to the state you live in. 

If he pays child support then legally he can claim taxes

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Several factors are involved. Who has custody? Does he pay child support? Is there anything written in your divorce papers written specifically about this. This happened to me and I contacted the IRS. I filled and recieved my money because it was my year to file. In our case I got to claim on even years and he claimed on odd ones. If you know for sure he can’t claim, file and the IRS will sort it out.


Contact a tax professional and tell them the whole story. Bring any custody papers you may have so they can better assist you. You can fight it, but you’ll have to file a paper return claiming the children as well. The irs will catch it and contact you stating someone else has claimed them and will let you know what to do to back up your case that you should be the one rightfully claiming them. If the IRS determines he wrongfully claimed them, he’ll have to pay that money back he got for claiming them.

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Paper file with proof they’ve lived with you. It’ll probably take a while, but eventually they’ll make him pay it back.

Kids had to have physically lived with the person 6 months of the year to file them or it’s tax fraud just do a paper return claiming your kids also. Let the IRS sort it out. To add reach out to a tax advocate for more info even if he gets the money, if he can’t prove they lived with him 6 months you will still get your return and he will owe all he got back.


Do you have custody, have you been to court to set visitation, child support, primary custody, and who claims them at tax time. If not, do it.

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In certain states if child support is given they get to claim every other year. So you one year, him the next.


This happened to me once except we both claimed him and I received a letter from IRS and in the end he had to redo his taxes. I would report him to the IRS.


It’s tax fraud and tax evasion from my understanding if their address isn’t at his house.


Do not listen to the people who say he can file if he pays child support….They are so wrong. In the United States, (All States) the child must reside with a parent for at least 6 months. File anyways, he will have to prove they live with him, and he can’t. You can.


Does he pay child support?

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Yes, file and claim them, they will launch an investigation and ask for proof of who the kids live with. Rental/lease agreements, school records, medical records, etc. if he can’t provide them, he’ll have his claim be fraudulent and he is in deep sht.

Who’s been finatially responsible for them in the last year? Did he help with clothes, food, rent etc? If he did then he’s provided for them and has a right to claim them


☆☆☆ Hey Listen I went through this before ☆☆☆
Do a return anyway and it will need to be printed out ( A Paper Return). Write a letter to IRS explaining you file taxes on them every year or whatever the case has been. Tell them he had no right to file on them . Tell them he filled and had no rights to do so because the children are living with you and not him since whatever date or year they was born example - April 2016 , and that he hasn’t lived or resided in the household since whatever date exsmple Jan 22 2019 or Jan 2019 etc , tell them where he lives , how long he’s been there and then how long its been since he has even seen them and how long it’s been since he has lived in the same house as him, give them his full name and any information you have on him like Drivers License or Social Security number, last known address, etc…
Then also give them your information, your children’s information on their address, lives with you at that address, Daycares or schools they attend send in any proof like rental agreement or tax forms for property you live at if you own it, copy of light bills, phone, copy of your Drivers License, and important documents with your address on it, any school or day care records with the children’s names on it. Copy of divorce decree or separation etc…
Anything you have proving where you live verses him, any proof of where the children live, etc It can be just copies.
:heart::heart: I had to do this and it only took me two weeks to get my money with no problems. :heart::heart:
Anything you think is important information on him, you, or your children , make a copy and send it.
I also recommend you make a copy of everything, Your tax return, your letter, your documents etc and keep a copy of it all , and when you Mailed it ( the date) etc. Just in case : because things do get lost in the mail or even in offices. Could be asked questions later on ( years later) about this tax return and information you sent etc.
I was never questioned about it but a few people have been because they were pursuing their money back from the dad that filled first.
It’s all really not a big deal at all . Just a letter, a Paper Tax Return, Any proof of residency for you and children, and all his information that you have .
¤ Good luck - you got this.¤


Yes. File and claim them. Let the IRS handle it.

With my ex and I when we got divorced. It was court ordered for me to claim our daughter in the even and him odd years for taxes

He should have to prove he provided care for them more than 50% of the year. Without proof he can’t claim them

Should be stated in the divorce decree - if not contact your lawyer

If you can prove they’ve been with you all year, you can turn it into the irs. Since he’s already claimed them, he will probably get that money but they’ll make him pay it back if you can prove that they’ve been with you.

How did you find out he filled them on his taxes? I’m curious how I could find out if my daughters dad did the same

File and claim them anyway. You will both get red flagged and have to be investigated. But if you can prove they live with you, you’ll be okay.

Yes, there is something you can do. You can let them know when you file your taxes, and they can put a stop on his! I have had this done once, and he never tried it again!

You file and claim them and then they will do an amendment to your return

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Amend them and they will ask you for.proof and he will also have to pay all that back… I’m in this situation now

In the U.S, if the child primarily lives with you, you have the sole legal right to claim the child. You would have to sign a form giving him permission to claim the child. Otherwise, you need to report him

You have to report him to the IRS and show that your kids reside with you and they’ll deny his claim and he will have to refile and likely be fined.

What does your court order say? If it says he can file rotating years then he can file. If it doesn’t then you can you can file tell your accountant what happened and they should help you.

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File and claim them also. It will flag both of yall and you will have to prove they live with you, which you can do. It will take longer to get your taxes but it’ll be worth the wait so he doesn’t get it.

Yes, you can report him to the IRS and to let him know giving them documents and evidence of the kids living here in Tucson, and not anywhere else with the father, and they will make him pay every penny back and also get sanctioned

File you’re taxes with claiming them and let them both get audited so you can provide proof and he will get fined

File too. I’ve had it happen and I used school and doctor records to prove my son lived with me 100% of the time. I eventually got my taxes and he owed the irs


File your taxes like normal. But you will probably have to file by mail. They will audit both of you. If he can’t prove that he supported the children, they will take his money back

My ex husband and I have it in our paperwork that odd years I claim our son and even he can claim his ONLY if he is UTD on his child support by over 80 percent. If he is behind he is unable to claim him on his year even with Mr being the primary custodial parent. BTW I’m in IN. File your taxes as you should, speak to a trusted tax preparer and let them know your situation. Good luck.

You have to show them proof that they live with you and the IRS will recoup the money from him. We had this happen in 2022. The other parent had to pay the money back and was also penalized for doing it.

I always let my daughters dad claim her. But I got the earned income credit.

Talk to the person you’re going to file your taxes with and let them know the situation they may be able to help my tax company was able to help me when I filed and my ex tried to claim them.

You’ll have to paper file and send in doctor records proving address, school records and health insurance records too. If you have any type of agreement through the court send that too. He likely owed on his taxes and added the kids to get him out from under the tax debt.

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Also you can put a pin on there socials so no one can claim them without the pin #

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Nothing this year but you should get it court ordered. Or file first.

Yes file like everyone is telling you to do. My son went through this with his ex she has never had the kids. IRS will caught it and send you a letter and it was really simple he didn’t have to have all that list of stuff people is telling you for proof. Just file he will have to pay back but you will get yours.

I’d file them anyways and when the irs comes for proof of who the kids lived with show them everything!! He has to have 50/50 custody to be able to claim them every other year anyways


File too, only u can have the paperwork to prove they lived with only u. But the only issue with it is both his amd ur tax returns will take longer because they will do a audit. This is such a huge pet peeve of mine, who do those parents think they are? They don’t do anything to be apart of their kids lives or help raise them all year long but they think they are entitled to have the tax payout?!!? Even if they paid child support, if they werent in those kids lives at least 50% of the year, ill never ever understand why they think they should have the taxes for them more than the parent who actually raises them!!!

Report him to the IRS and claim them on your taxes .you have proof that they live with you he don’t …fyi you can’t claim kids just because you pay support they actually have to live with you

My husband and I both filed. Mistake
I had kept all receipts electric water house payments any and all hse repairs
Even after child support I had spent the largest amount
I could still carry our son on taxes. So he had had to stop

I would claim them on your taxes as well, and let the IRS follow-up for proof of full time residency with you.

I would also have it put in writing with a Family Law Attorney that you are the only one that can claim the kids on taxes or else it will always be a fight around this time


I had this happen a couple of times when my kids were growing up. He hadn’t seen them in years, nor payed a dollar ever. I was told, both times he filed first, that their Social security numbers are claimed. They cannot be claimed twice. Nothing I could do. Perhaps you have recourse nowadays?

They have ti be with him more then 50% of the time. O would file them with you. And he will get audited

You just file the same way and the irs will flag both and you just have to prove that the kids haven’t lived with him. And if he gets the money he wasn’t entitled to he’ll end up having to repay it back.


You file your taxes, also claiming them.

You’ll have to file by mail, and your refund will take longer, but with you both claiming then it will trigger an audit. Both of you will have to provide supporting documentation to prove who had the kids.

If he gets a refund in the meantime, he will owe it all back to the IRS, along with penalties.


When you file (if you go to a in-person tax preparer) take them the proof that you have the kids more than 6 months of the year(school records or medical). They can put those in your tax return. That way when the irs does see it his is more than likely will be threw out for no proof and you won’t have to wait forever on your taxes. He will have to redo them. The non custodial parent needs a form on his from you before he could have legally claimed them. If you go in person also tell them that he was not allowed to claim him so they can put it in their notes for the irs. In this case honestly i wouldn’t go with turbotax or something online,in person would be best. (I just took classes for this years filing so im a former tax preparer)


I’ve been through this, unless there is a court document giving him permission to claim the kids he can’t. Just file claiming the kids, with me the IRS called and inquired about the living situation of the kids then did an audit of my ex and he couldn’t show the kids lived with him so he owed $$ back.

The primary caregiver is the one that gets to file taxes on them. You don’t have to do anything. If they catch him his has some explaining to do and payback money. Maybe jail time since he cheated on the taxes

File yours, claim them on yours, bring documents proving they’ve lived with you. Like medical records, school records, etc. The IRS will flag them both for review. You’ll give them your information of proof and since he won’t have any, he will owe all of that money back to them if it gets deposited before it’s flagged. My ex husband did it with my oldest son when we split up once and I proved he lived with me 24/7 and he only reached out to passively aggressively thank me for making him owe the IRS. Lol I said next time only file what is factual. :woman_shrugging: you’ll get your money don’t worry.

you write the irs the situation and they will make him pay it back. I had to do this before, I even had to send my license with it but they were very professional about and priority mailed it back asap.

Yes. Prove they are with you, ask the school to write a letter you can send to cra, ask their doc to write a note, and then explain that they are with you. They will make him owe it back and give you what your owed. If you dont. It messes you and the gov. Up.
*my ex did this. He ended up owing 5k back to them and i got back pay.

It depends on what your court order states.

To claim the children he had to lie and say he lived with them and provided financial support. Contact the IRS. They’ll investigate.

File and claim them. The IRS will start a review and audit you both. Whomever can show they had the children more or can produce court documents stating who can claim the children

File them anyway by mail. He is not the first to try this.

If you have a court order follow that. If not file and. I think you’ll just have to prove wear they live.

File them and when they audit, he can be fined

Whomever the kids have physically lived with for at least 6m, is the one who can claim them

So im in canada & my ex did that. I claimed my son we both got audited & i had the proof to show i get to claim him & all that so he owed some money back

Claim them too. My ex did the same thing i just had to take socials and birth certificates to IRS building

File too! The irs will audit and will you have to provide proof of school address, dr appointments etc

This happened to me the first year we split. Claim them, they will likely send a letter or might even audit but then you can use school and Dr records to prove that you have them.

File you can prov kids been with you had same issue with in laws they tried to claim my bil multiple times but kid lived with us from 11 to 17 and we were able to prove easily he was with us school records doctors and him even saying he was with us file girl prove it might take longer to get back and if he already resived money he will have to pay I back

It comes down to whoever had the child for 183 nights. Per my accountant. That’s how they decide who wins the right to file. Go to a tax person and tell them that your ex claimed the kids without ever having them and he can challenge the claim. Whoever the kid spent 183 nights with will win 100 percent of the time.

Resind resind resind they will have to be redone so not fair

when I got divorced we would alternate years with claiming them but I claimed them for the earned income credit every year cuz the lived with me, he claimed the eic also but with proof they lived with me (school records) my case was closed and he had to pay back a couple years worth to uncle sam he can actually claim as a dependent but not for the earned income credit only you can thats how it was ordered in the divorce

Call the IRS and report him for filing and ask to flag your kids social security and file through the Mail and send proof on that you are the legal one to file he will have to pay the money back

Send a copy of what paperwork you have stating that you have custody of the kids in with your tax papers

File your taxes claiming the kids. The irs will sort it out

The parent who they reside with more than 50% of the year claims them.

I went through this exact thing. Claim them too!! You will come out on top , and get money. He will have to pay it back. You will just have to send it stuff with proof of address for your child. My baby dad is trying to do it again this year , I told him to go ahead because it’s illegal for him to do . They don’t live with him half the year . Goodluck!

Report him to IRS and you claim them on your taxes and show proof they’ve been living solely with you.

Yea you can report him for fraud and file them yourself. They’ll come back and say someone else claimed them and audit you both. You’ll then prove you had them, and he will be in the IRS crossfires forever lol.

my ex tried this mess. i filed & claimed my kids anyway! he’s now got a permanent flag on his name lol. i had to provide my court that states that i am the primary physical & sole legal custodial parent. also had to get a letter from their school indicating they are indeed registered & attending school where i live. (he lives in Tennessee, im in FL).

Put a red flag on their Social Security. So he can’t claim in his tax next year. Claim them this year anyway. IRS will contact him and you and ask you both of proof of who has the custody of the Children and proof of the kids living with whom.

Ask your Accountant not Facebook

You can also request a pin number be placed on your child’s social security number and if the person trying to claim them can’t provide it, the IRS won’t accept their return.

I think it really is none of your business how he filed. You claim them if you are suppose to. Court order would state if he should claim every other year. If you don’t have that then claim them. Expect to be audited. The IRS will know. If he is wrong then he will have to refile and return the credited tax money.
Just file your taxes the way you think you should. Your taxes are your business and his taxes are his business.
Maybe he’s lying just to get you riled up. It’s working!


Just file your taxes and let the IRS take over from there. Make sure you have your proof of residency (doctor records, school/daycare records, ect.) for kids ready to submit. It will take longer to receive your taxes in the end but as long as you have proper documentation you shouldn’t have to worry. Him on the other hand… will be fined and paying back all money considered overpayment if he has already received his return prior to the investigation

My bf has 2 kids, divorce decree was written to have 50/50 and each claim one. She stopped taking them shortly after bc she moved 3 hrs away. He went back to court a year and a half later to have the court order updated to reflect proper custody, stop paying 1300 month in cs and claim both kids as he had them full time. This was at end of 22, mind u he had kids full time 2 years at this point. Judge told him whoever has kids more claims them regardless of court order. Irs rules trump court order. So he claimed both for 2023. She filed contempt bc he claimed both, went back to court SAME judge ordered him to amend taxes bc she has to enforce prior order. Judge told him to report it to the Irs and they will audit her. He ended up having to pay back 2k and has to wait for the irs ro investigate. It’s a shit show tbh.