My sons father claimed him on his taxes: Advice?

Told my sons father not to claim my son and he did anyways and told me after I filed my taxes and claimed my son ?!!! What happens now ?!


You should claim him one year then his father the next year, going back and forth each year if you both share about an equal amount of custody. But for this I would call the IRS and ask them


The IRS will see 2 people filed for the same child and start asking questions. They will end up giving it to the person who has the child most of the time. They don’t even go by the custody papers; at least not with mine. That happened one year but I had proof I had him majority of the time so I got it. The father wasn’t wvwn seeing the child or helping what so ever so I claimed our child.


If u have all the right to claim him and he wasn’t supposed to file claim your son and he will have to pay back what he got

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I have a question, the court granted my son and his X shared custody knowing the kids would stay at her house during the week and my son has his kids every weekend. But what I am questioning the X told the courts that my son could have the tax credit for his kids weird right, but she hasn’t let him claim his kids for a long time. And he has always paid his child support. What is he to do.

First things first. Is there any kind of agreement, within your custody/visitation agreement that says you alternate years or you claim the child certain years and he claims the child other years? If yes, and it was his year, you can’t do anything about it. If no, then you can do something about it.

Either way, both tax returns will be flagged and an investigation will be opened. You’ll both have to provide proof of any agreements, custody etc.

According to the IRS website, whoever the child lives with majority of the year will get the refund.

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You both will get audited and have to provide proof for who legally had him

Don’t expect taxes anytime soon because it will definitely be delayed until they figure it out

Claim him also if you had your son atleast half the year

Both of you will be flagged. You will have to prove who has the child majority of the time and neither of you will probably see a dime of tax refund until summer time

Get a written agreement (signed, dated and notarized) that YOU are claiming your son on taxes. I’m assuming you have the majority of custody. Take him to court if necessary, and don’t wait to file taxes…beat him to the punch. Beat him at his own game. Good luck!

This happened to me. My ex claimed them and he shouldn’t have. He got the refund because he filed first and they denied my return. I went to the IRS and they said it was basically a small claims case at that point. Ridiculous.

Who does your son live with, does he pay child support, do you have court documented custody, doyou have the court ordered tax deduction…if not…waaaaaa

Well no offense to your sons father but that was really dumb. Especially if he it for a refund. He just screwed you both, both your taxes will be flagged and they won’t even look into it until all the 2022 easy ones are done… there is honestly a chance you won’t get them till summer if not longer…

Both of your taxes will be flagged. They’ll do an investigation. Make sure you have a copy of your court order showing you are the primary custodian. It’ll take months, possibly 2 years for you to get your refund. Good thing you filed so quickly. If they had issued his refund they’re unlikely to fight him for it. You’d have to file a petition for him to show his taxes &, refund you.

If there is a court order with a schedule perhaps
Furnishing this to the IRS May clear
Up any issue

I would call the IRS but I’m pretty sure they make him pay back whatever money and you will get it in your taxes.

It’s whoever the child lived with the last 6 months of the year or if there is a court order that’s what the irs will tell you so you might as well go ahead and call them


When this happened to me he fired first and claimed the child but had no right to and I had to file and amendment to my taxes and I got my money. Not sure what happened on his end as far as either not getting the money at all or getting it and then having to pay it back. But I got my money and that’s all i really cared about.

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If you filed first and he claimed as well his should be flagged. Whoever has him at least 51% of the time will likely get the benefit. Call the IRS to inquire.

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If you’ve had him a majority of the time and he claimed him when he shouldn’t have , call the IRS and I tell them there’s fraud. You’ll have to prove you had him more


I would just contact the IRS that’s the only way to get the 100% correct answer and contact the company you filed through. It should have sent up a red flag and not let you claim him.


Do you have brothers? Just sayin

If your son has been claimed by you in past years and if you have him 60% of the time, you claim him. They’ll flag it and he’ll be in shit

You can file an injured spouse claim. Been there done that

It depends on who claimed him the year before …

They will flag both of ur taxes and you both will have to show proof of who can claim him.