My mom claimed my kids without my permission: Advice?

There’s a whole lot missing here.

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Report your mother for fraud to the IRS when your husband gets accepted it will be flagged and reviewed you will have to prove that he’s legally able to claim the kids them his full refund will be sent out and your mother will have to pay back the money she stole

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That’s completely illegal. Report her to the IRS and she could do jail time for tax fraud. You also may be brought up on tax fraud until you can prove in court that your mother did it without you knowing. Either way, someone will have to prove they have the right to claim the kids.

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If your mom filed without permission and she did not care for them /have them live with her for 6+ months then you’ll need to call the irs.

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Your Mom takes care of the children? Still something is wrong with her claiming unless they live with her? You refer to ‘my’ kids. Not ‘our’ kids so I think something is missing here.

I bet mom is taking care of the kids that’s why she’s claiming them. You gotta have SSN# to file. No parent is gonna do that if they don’t have the kids.

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You would have to turn your mom into the IRS for fraud.
You can call the 1-800 number to do so.

You need to call them and tell them ASAP she can and will get into trouble if you don’t call your husband will get into trouble for claiming them after she did call IRS but if she has been taking caring of them and has proof most likely she will get them

Assuming the children lived with you and your husband 6+ months in 2019 and your mother efiled, you and your husband filed a paper return? Electronic filing will not allow you submit the same SS #’s twice (your children’s). Once everything catches up (irs) you and your mother will both receive letters stating that you both claimed the same dependents and one of you may be audited to prove that you have the right to claim the dependents on your tax returns.

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If she has them full time then she has every right to claim them. If not then I would report her ASAP.

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File your taxes and let the IRS decide who can claim them.

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Nah my MIL pulled this shit. She claimed “well you live in my house so I should.”
No. Hun. Doesn’t work that way. I can be gone within next 2 hours and you’ll never see him again if this is game you wanna play. You won’t believe how fast she shut the whole argument down. She doesn’t pay for my sons food. Or clothes. Or school tuition. What she doing? Letting us stay with her so she can see her grandson everyday? No.

Put your food down and report her.

Have your accountant dispute it , IRS usually catches this and goes to right full person.!

Who ever filed their return first gets to claim them although this generally applies to parents not grandmas. Grandma should have discussed this with Mom first. One of them will likely be audited if both returns have been filed claiming the kids on each returns. The ss#’s will bounce. I’d say grandma will be audited. Mom needs to see a tax advisor and possibly an attorney. Without knowing the living arrangements that is all I can offer.

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Who took care of them for more than 6 months and one day of the year?

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The proof will be the address they live at listed at the kids school , for more then six months , did they live with your mom?

You will both be investigated and they will withhold your returns in the meantime. Is there a reason she would feel she deserves to claim them? Something isn’t right. No one just claims for fun

If she filed online… log in and amend her taxes. I mean she claimed your kids behind your back… amend her taxes behind hers :woman_shrugging:t3:

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Get your mother to admit through emails or texts that she did it without permission and have that conversation printed out and take to a lawyer or tax specialist or irs office and make sure they know she filed without permission. Shell end up owing money if they give her anything for them and you’ll get your refund

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Whichever party had them, paid for them, and took care of them for the larger part of the year has the right to claim them. If she claimed them for no good reason, call the IRS and report it

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let taxation office know that is fraud

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Who ever filed first will get the refund, if not you, you’ll have to fight it, prove you had the right to claim them. She will have to pay the refund back, and it’ll be summer time by the time they straighten it out and you get your money.

Wait do you live with your mom. And does she take care of them.

As long as you and your husband qualify to claim your kids, then if they are school age get a document from their school showing they live with you, or something from their doctors or if you get any assistance that will show your kids with you all…then you need to contact the irs and explain to them what is going on and offer them the proof that you and your husband are the ones who are suppose to claim them.

Why is she answering the question! Who do the kids live with?

You’ll still get your returns (it might be different now, this was 10 years ago) speaking on experience. After a month or so they will send you a letter saying that you filed the same dependents. They’ll ask you to either return X amount of money or be audited. (The situation was that I had a job the tax year, turned 17 in July that year and then moved out of my dad’s in January of the year to file. He claimed me and I claimed myself since I had been paying for most of my living expenses anyway. I only got like $400 back and had to send it all back or he would have to send back like $2,000)

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Wait for the audit. Provide school records showing the kids live with you. If you live with your mom I’m not sure what you can do about it

Whomever financially supports the kids at least 6 months outta the year legally gets to claim the children. So if that’s your mom, she gets to claim them but if you or your husband do that she’s breaking the law and will get in trouble.

Years ago my ex did it n I did it. We both got it back. He got a letter to not let it happen again :woman_facepalming:t2:

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Why would your mother claim your kids?

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I bet they both get investigated now and taxes will be held on both ends. Whoever paid for those children to live more than 6 months of the year is who is supposed to claim them.

The IRS will investigate it and whomever had your kids for the majority of the year will receive their return

K um why? Does she care for them so much so that she feels she has custody? Fking weird. Like this doesnt just happen.