My mom claimed my kids without my permission: Advice?

Your mother would have to have the kids social security number to do this. And if the IRS catches the numbers used more then once then they will hold both of your return until its figured out

8 Likes

File a grievance, but your mom might get fined, if she deliberately tried to lie, she should be fined, but she’s still mama.

6 Likes

When my ex husband filed and claimed the kids, even though hes not supposed to, I went ahead and filed and claimed them anyways. We both got our return at the regular time, but they sent us a letter later that year saying they had been claimed twice, and to send in proof that they live with you, to show which one of us had the right to claim them. He didn’t have any proof to show, so he had to pay it all back. I sent their school registration, which shows the same address as me, and I didnt hear anything else about it on my side.

20 Likes

If your mom did it first your husband will be audited and your pretty much screwed unless she says she did it without permission and she’ll have to pay back money

1 Like

They will flag it. Some one will get in trouble. My ex husband claimed our daughter… I have 100 percent custody… he got in trouble if your mother took care of them more than half the year, she can claim them. There is so much information missing. So many factors.

10 Likes

Who has custody of the children?
Where they in her care?
There’s a reason she was able to claim

13 Likes

Whyyyyy did she feel that was okay? And why does she have their SSN?

14 Likes

File all ur childern the irs will audit them then you can press charges and they will have to return the money to the IRS

1 Like

Who ever the children live with 51% of the time is who legally can claim them. 6mo+

8 Likes

You’ll get audited. Your mom will have to pay back the money if she gets it first

1 Like

Why tf did your mom think she had the right to claim your kids? Lol

4 Likes

report her to the IRS if she has no right to claim, they’ll litigate, you’ll get yours, she will be fined for false claiming, and don’t feel a bit bad about it

7 Likes

In Michigan who ever claims them that ain’t supposed to they have to pay them back. I would get ahold of irs and tell them ur mom wasn’t supposed to claim them and that u didn’t give her the right to claim them.

1 Like

Do you all live under her roof?

4 Likes

Do you live with your mom?

2 Likes

It will flag both filings and be investigated. Had this happen with my own crazy parent. Also contact your tax person and give them a heads up.

1 Like

Does your family live with her?

2 Likes

They won’t do anything. My daughter and her ex husband claimed her 2 girls. My daughters exhusband did it 2 years in a row. She got her refund both times. She called them and they didn’t do anything to him.

well ur mother has no legal right to do it unless court ordered it.

3 Likes

If your mum’s claimed I’d say there is good reason this does not say who has custody

4 Likes

That depends. Do you live in her home and does she provide the support? If so not much you can do

5 Likes

If you live with your children then you get to claim them. If she claims them she needs to have you sign that you are giving her the right to on a form 8332. If you both file and they tell you that your child has already been used dispute it and you will win. I have been doing taxes for 28 years. Some people get the notice and figure it is too much trouble…fight it you will win. I would tell your mother not to spend her refund.

6 Likes

Does the mom have paperwork PROVING that the dependents have been in her custody for at least a yr?? If NOT the 3 of youz could be nabbed for fraud!! :angry::angry::angry:

1 Like

:thinking: did your kids live with her 51% of the time?if so she has a right to claim them. If not then turn her in.

If y’all live together and it’s her house, there is nothing you can do, she would still have the right to claim them because it’s her roof. She is head of household.

2 Likes

Call and tell the IRS and tell them she claimed them without your permission

4 Likes

I feel like my mom would do this and claim my kids because we did live with her two years ago and she still has there socials and I’m exempt with my husband Soo I can’t do taxes…family sometimes can’t be trusted its sad.

Who has legal custody? If you and your husband does, then your mom can get into arrested, its called tax fraud! Also vs if she has custody and yall file them. Another thing to consider is, are yall living with her, i am not sure how they will look at that situation.

2 Likes

they have to physically be with her 6 months of the year or she cant. its like that with divorces too

2 Likes

They’ll catch the double deduction. Both of them will have to prove that they had right to claim them. Who did they live with the most in 2019? If they lived with you & hubby the whole year & your mom had absolutely no right or reason to believe she has the right to claim them it’s IRS fraud. She may face jail time & fines. Don’t expect your refund any time soon.

2 Likes

File a report for tax fraud

2 Likes

You will get it,but they may call yall out on it

1 Like

Check with IRS. Whomever they lived with and/or received the majority of their financial support from is who gets to claim them.

2 Likes

Who carries the health insurance

If it turns out the wrong person claimed them, then someone will have to get an amendment.

3 Likes

What country are you located in? All of this tax info really depends on location.

It depends on where they lived at the most. If you and your husband raised them for more than 6 months out of the year than you do.Also if you provided more of their care than your mom did. Ex. Housing. Food clothes. Etc

They probably live with her lol you cant just claim kids you dont support. If they live with you then it would be easy to turn her in.

1 Like

Tell IRS your mom committed fraud

2 Likes

Why did your mother feel like she should do this?
Something doesn’t add up.
A grandparent doesn’t just claim them without a reaspn

4 Likes

If your mother e-filed first and then you (or husband) attempted, it will reject your state and federal. Once that happens you will have to paper file both returns. You’ll get federal back but not state until u provide proof u had the right to claim children. Once the federal catches on your mother and husband will both get a letter from IRS. I dealt with pretty much the same situation a few years ago.

5 Likes

The irs is gonna end up calling you. Tell them she claimed them without your permission. You can claim kids if they live with you 50% of the year so at least half the year. I just went through this

Your mom probably raising your kids without your permission too. Just saying

21 Likes

Claim them like normal, they will investigate & your mother will get introuble for claiming them. Idk how true this is, but it could be considered fraud.

1 Like

Just because you lived with them or lived with her doesn’t mean that she can claim them especially if you are working and paying all your children’s needs

1 Like

Whoever had kids 51% of the year can claim the kids. You both will receive a letter in the mail. My mom and i claimed same kid in one year. It may delay the refund while they work that out they may contact you via letters to verify

Why does your mother think it’s okay to claim your children if your raising them and why does she have their SSN? Did she have custody and take care of them for most of the year, if so then she should be the one who claims them. I assume maybe she had custody because she knows their SSN. If she just claimed them and didn’t take care of them and you can prove it her ass is in trouble.

2 Likes

My ex claimed my kids awhile back. He paid nothing and i had full custody. I didnt know, the IRS wrote me and wanted proof i had them. School records etc. I sent it in, my taxes were approved and he was back charged

2 Likes

If she took care or had custody for more than 6 months she has the right to claim them. Sucks but she has the legal right to

3 Likes

Did she have their Social security numbers?

1 Like

Why does she have the kids socials?! Both are gonna be flagged

3 Likes

Nobody will get anything for the next several months because yall are about to be investigated :woman_shrugging:t5: then after all that you might get something in August

7 Likes

From an accountant: If you live under your mother’s roof 6 months + and/or she has custody and/or has paid 51% or more of your children’s living expenses, she can claim them. However, there’s a grey line still with custody. If she doesn’t have any legal documentation to any of the above she’ll need to prove she’s provided 51% or more for them.
If she files and your husband files and she has none of the above the IRS will flag you BOTH and ask for documentation. Period.

It is a FEDERAL law to apply and have a SSN as a citizen of the USA. You can go to jail or your parents for not acquiring one during a specific time after your both. Period.

If your MIL has proof that she’s provided 51% or more, don’t fight it. You’ll be flagged for audits continually every year after that for fraud.

Even now when you file under a generic place like HR Block or Turbo Tax there’s a warning that asks if you had a court agreement to be claiming a child.

4 Likes

My friends mom did the same thing to her and her kids never stayed with her mom. She just went and did it and told her those are her grandbabies and she has a right to do it which is WRONG and its FRAUD. My friend filed her taxes and claimed her kids and she called IRS to let them know so they declined her moms tax

4 Likes

She can get in legal trouble for that. You need to inform whoever did your taxes that she claimed them without your permission.

3 Likes

She’s must be raising them so she had every right to claim them

3 Likes

Who has physical custody of the children… If they lived with her for 6 months or more she can legally claim them. Birthing a child does not give you a right to claim them if you didnt support them… 💁

6 Likes

Ummm pretty sure that’s illegal if the kids don’t live with her

7 Likes

Talk to your Mom , split the money or ask her if you can keep it for the kids .

They both will get red flagged. Then have to show proof of who the kids live with and what not.

5 Likes

You have to prove that they have lived with you. If you can’t prove it then she’s approved to file them. If they do live with her why would you even try to file them to begin with. If they live with you then why would she try to file them? Something doesn’t add up!

5 Likes

Contact the IRS, both him and your mom will also receive a letter from them

2 Likes

We can only speculate here. We have no Information.
Why would she claim them?

3 Likes

I say neither one will get anything till they check it out. Irs will send yall a letter asking to show proof where the child lived at.

1 Like

My ex did that! I just had to show proof I had a history of claiming my kiddo, & a school doc showing proof of child’s residence

1 Like

If you can prove they lived with you last year you can file an amended return by paper. It takes longer to get a refund and you have to have like mail or something proving they reside with you and you are the person taking care of them.

1 Like

Not enough info to say who gets to claim who

1 Like

It is tax fraud what they did
The IRS will find out and they will not be getting any refunds
They will be audited and possibly owe they will check her and his tax returns going back years
Also
They could get jail time and or fines

Well, how it would go depends on many factors.

If you live in HER home, and/or she provides for your children, or for atleast the majority of the year, she has a right and standing to claim them. You might not get very far in a dispute.

However if you and your family do not and she’s trying to claim them, that is illegal, and all you need is prove you are thier sole provider/caretaker, for example a lease or something proving a day you moved into your own place.

This is still tricky however, for example if you only moved out like a month or two before the end of the year, I think you need to have been the main provider for atleast 6 months.

The IRS will withhold both returns until it is disputed.

You may want to look very in depth in the laws to learn the details, and speak to whatever caseworker that is doing your taxes for you to see what they recommend. If it looks like a losing battle on your end, you may want to just try to work with your mother and request atleast some of the money.

4 Likes

Who ever filed first gets the tax credit But your going to get audited if you filled second you will have to prove the child lived with you more the Your mother and that you paid for his and her support

1 Like

U claim them and then let the it’s go after her

It will take you longer to get your money but u will get it

Is your mother raising your children? If so, then she should claim them.

7 Likes

She don’t have to prove they lived with her if she has custody

Ring irs and speak to them

1 Like

A couple years ago I claimed my son (I have sole custody) and then his dad claimed him. I got a letter from the irs and had to prove I had sole custody and write a letter stating I never gave him permission to claim him.

1 Like

Are the kids living with you or your mom

1 Like

She will get audited for sure

Someone is going to be possibly audited.

You will receive a letter in the mail from the IRS because they are going to want to sort it out regardless anyways. You will get it considering your the parent who has the child 6 months or more out the year

Who has custody is who should get the money! Mom have custody?!

Report her if she is not the one raising them

1 Like

Whoever filed first will get the money. If she can prove she supported them for over half the year she is entitled. If not and you prove that you were the one entitled to claim them then she will not be able to claim any dependents for 5 yrs.

And also if they both filed electronically then there is no way both claimed the kids. The software (this year) will kick back a ss# that has been used already. And it will tell if they were used for IEC or CTC or both

3 Likes

Show proof of residence and that she’s committing fraud.

The irs will red flag both irs claims. They will look into this more and more. They will find out who had custody majority of the year. And the person who lied on their tax return claim will get into trouble

1 Like

Paper file, include proof that your kids are your dependents, birth certificate, school records, letter from dr saying they are in your care, etc. We had this happen and we got the money as well. Then the IRS sent a letter. We had already provided the proof needed.

What age are you and why can you’re mum claim you’re children?? Like wtf??

This is one of those iffy questions🤷 there could be several facts left out that we dont know to get the best answer for it. Like did the children live with your mother half the year or all year? Do yall live together? Idk its hard to amswer this one without having more info.

2 Likes

Mail in your return with school/medical records with your address on file. You’ll get your money. May take a minute, but you’ll get it.

Claim your and they will see what she has done!!!

U now need to file a paper return then prove the kids were with u all year. Did or do u live with your mom?

1 Like

Both will be audited and money will be withheld until the IRS figures out who is entitled to the eic. Most likely it’s the parents, but if the grandparents have any custody then that would be another story. Especially since taxes aren’t actually being taken by the IRS concerning EIC 7ntil after Feb 14 or something like that. You could call the IRS, so they can nip it in the bud now since they haven’t actually accepted them atm anyway.

Why are u asking facebk? Is facebk the IRS? Call them n report it! Geez!

This is missing information. Do they live with her?

No one can really answer this well because there are a lot of details left out

5 Likes

Ummmm yeah do you all live with her??? Because if that’s the case… or do your kids live with her… there really isn’t much I do to go by her. But I’m thinking this might be the case…

1 Like

How did your mom.get your childs SS # . Cant claim without that so something is missing.

U need it put into ur court papers. Until u do that, whom ever files first, gets it. If it’s in your papers then u attach them to ur claim. IRS wil go after them for the money back

Who was raising the kids ? That’s who should claim them . Or at least the person supporting them .

4 Likes

I would report my mom. That would be the first and last time she would ever do that again.

1 Like