It’s a hassle if someone else claims your child on their tax return, but that doesn’t mean you have to give up.
This happens to people all the time. You go to electronically file your tax return and it gets rejected because someone else has already claimed your child. What do you do? I say fight back, and here’s how.
The first step to fighting back is to make sure that you’re in the right. Ask yourself these questions:
1. Are you the biological parent of the child? Hint: if your answer is “I’ve raised her like my own.” You’re going to have trouble winning. If you’re a grandparent, step parent, aunt or uncle; and the person who claimed the child is the actual parent, you don’t stand much of a chance. (That said, some folks will have a credible case, but I’d suggest professional help here because it is tricky.) To go this route you should be the real parent.
2. Did the child live with you all year? If not all year, for at least over half of the year? If you had custody all year you have a much better shot of winning. You absolutely must have had custody for over half of the year to even think of trying this. If you’re on the border line, where your ex had the child for half the year and you had half, this might not be worth it.
3. Is this good for your child? Generally you’d think that having more money in the household would be good for your child, but if fighting with your ex could cause harm to your child, you might want to stop and think about it a bit.
Step two. Once you’ve determined that you are in the right and that you are entitled to claim your child, then what you need to do is print out, sign and mail that rejected return to the IRS —keeping your child as your dependent on the tax return. When you do this, the IRS has to take it in. They have to look at it and it’s going to throw whoever claimed your child into an audit. If an Earned Income Tax Credit is involved then those audit papers generally run 11 to 22 pages long. (11 pages for a straight EIC audit, 22 for an EIC and head of household audit, they’re the same questions it’s just that 22 pages is more intimidating.)
Here’s the scary part, you’re going to get the same paperwork. It is a little intimidating, but you’re expecting it. Because you’re the custodial parent, that is your child lives with you, you can answer those questions with no problem. People who shouldn’t be claiming your kids can’t answer the questions and that’s why you’ll win. If your kids are in school, you’ll need a document from the school saying they attend and where they live. If they’re too young for school, you can get a statement from the doctor’s office that you’re their parent and you pay their medical bills. You’ll have the resources to prove that you’re the parent.
If you’re reading this and thinking, “I can’t prove I have custody of my kids,” then maybe you shouldn’t be filing for them. You will have to provide some proof: school records, doctor’s files, church documents, day care receipts, health insurance records, something professional. Your Mom or a friend can’t vouch for you.
Once you’ve received the audit papers, completed them and sent them back, then it’s a waiting game. Your ex (or whoever claimed your child) will have to complete the same paperwork. The IRS will examine the papers and determine who had the proper right to claim your child. But since it’s you, you will win.
The big downside to this is that it will take months to settle. Months. On the upside, once your ex has lost an audit case for claiming your child, it will be very difficult to ever try it again. You’re not just solving a problem for one year, you’re preventing future problems as well.
What if you need the money now? That’s the most common question. Sorry, but that’s impossible. What you’ve lost, you can’t get back without a fight. If you have more than one child, and only one was claimed incorrectly, you could file now and at least get part of your refund, then file an amended return later. I don’t recommend doing that, but I also understand sometimes you need the cash now.
If you try doing this as an amended return there are two consequences: first, it will slow everything down even more. You can’t file an amended return until your first return is completely processed. An amended return will take about 16 weeks to run through the system before the whole audit process begins so you’re basically adding 4 to 5 months to the timeline for solving this issue. Second, filing a return and amending to add a child reduces your credibility with the IRS. Your documentation had better be rock solid because you will have no wiggle room for doubt if you submit an amended return to claim your child.
One more thing to consider before you go through with this. Call your ex and talk it out. I’m not crazy, hear me out. You’ve read this far, you know that fighting is a big hassle. Before you go into warrior mode, maybe you can negotiate a peace treaty. What do you stand to gain from this? What does your ex stand to gain? It’s important that you file your returns legally, but with divorced or never married couples, you can split an exemption: the custodial parent claims head of household and EIC, the non-custodial parent claims the child tax credit and the exemption. It could be a good thing for both of you and for your child. (Remember, what’s best for the child?) Instead of going to war, you have your ex amend his/her return and you file your return right after the amendment is accepted. It still is slow, but much faster than going through an audit. And it’s a peaceful solution. (Please, don’t even think of trying this if your ex is dangerous. Safety first.)
Finding out that someone else has claimed your child for taxes can be shocking and financially devastating. The assumption is usually that it’s the ex, but that’s not always the case. When you file to claim your child, you will never be told who the other person is. (Of course, if it’s your ex you’ll probably get an unfriendly phone call so you’ll know.) It’s scary how often it’s not the ex, though. Be sure to protect your child’s social security number. Don’t keep the card in your purse. Don’t share the social security number with anyone. Your child needs your protection. It’s hard enough being a kid, being a kid with a stolen identity is worse.
_______________________________________________________________________
Note: Here are some links that might help:
EIC questions of any kind: http://www.irs.gov/Individuals/Earned-Income-Tax-Credit-(EITC)-%E2%80%93–Use-the-EITC-Assistant-to-Find-Out-if-You-Should-Claim-it.
How to find free tax preparers: http://www.irs.gov/Individuals/Free-Tax-Return-Preparation-for-You-by-Volunteers
How to find your local IRS office: http://www.irs.gov/uac/Contact-Your-Local-IRS-Office-1
My ex claimed my kids last year, and he hasn’t even seen them for almost 3 years.. So I was furious when my taxes got rejected because he claimed them.. He pays nothing at all.. Well, I called the IRS, and they said it could take a year to get my taxes back.. I couldn’t and wouldn’t wait that long!! So I went ahead and got my proof from the school, had proof from the welfare office, and proof from their doctors, filed an amendment, and got my tax return back within 2 weeks.. Of course I had to pay $200 for the amendment, but I ignored the IRS when they told me that I could send in proof when I got the paperwork, and then would have to wait all year.. I sent in the proof with the amendment, and it paid off!! They said he would get in trouble for it, but nothing has been done about it yet,that I know of.. But hopefully, he won’t claim them this year because of it.. But if he does, then I’ll do the same thing, and pray they lock him up for it next time!!
Hi Overwhelmed,
The fact that your children lived with you for the entire 365 days you would win with the IRS. The fact that your husband has the higher AGI is secondary. The winning issue is that you have the kids.
Once upon a time my ex and I had 50/50 custody and we took turns each year with claiming our child. Now that all changed when we got back together and he abused me in a drunken rage. We went to mediation and new papers have been filed, and my child now lives with me and I AM the sole provider. He does get her on his given weekends but my lawyer told me that he won’t be able to claim her anymore since our child lives with me. As of now I am a stay at home mom but babysit regularly to help pay rent and bills along with the child support I receive. Does that qualify as income? I’m asking because he just informed me that he did in fact claim her saying it’s “his turn” pretty much going by “old orders” what can I do about this??!?
Hi Carolina,
My ex and I have a court agreement that he can claim our 2 children every other year as long as he is current on child support. He is behind over $8000 in support. The court also ordered that I have sole custody and placement, they have not spent a night by their father in over 6 years (his choice). He obtained their social security numbers and claimed them on his 2016 tax return. I do realize that because he is behind in support that any return coming back to him will be intercepted by child support, but that was not his return to begin with. My husband and I also have a higher agi than him. Would my husbands income be counted for income purposes? I filed a paper return with statements from the school proving that my children lived with me 365 days last year.
I stranger stole my child social security card has been filing his taxes for past three years how can i get a pin or blocked his social please help me im so depressed
Hi Jan when my ex filed for child support I was entitled to claim our son on odd numbered years on the court order I have never missed a child support payment and when I went to claim him for 2015 he had already been claimed by my ex or one of her family members. So my question is since she claimed him when I should have what can happen if I claim him on the year she is supposed to (2016). He does live with her most of the year since she lives in a different city then I do I only get him when he comes into town or some holidays.
My ex husband and I have 3 kids together. Our court papers state that each year we claim 1 kid apiece and alternate the 3rd kid, so one year he claims 2 and I claim 1, the next year I claim 2 and he claims1, and so on.
This year he has not paid one cent of child support and there has been a restraining order in effect most of the year, which protected my kids as well as myself, so they were not at his home. He has claimed 2 kids on his tax return, despite the fact that he didn’t support them at all.
Can he claim them when they are 100% MY financial responsibility all year?
Hi Jan,
I believe that you already answered this question with a different set of circumstances, above with “concerned” Post #40, but I just wanted to double check to see if it applies to my specific needs.
I am a single father of one who just served my soon to be ex with divorce papers. Without going into too much detail here, I have had my daughter living with me for just under 2 years. I was in a work related accident in 2015 which has had me on Workers Compensation to this date. Her mother is a deadbeat who hardly pays for anything outside of for food when she has her over on visits and her health insurance through her former companies benefits. I could go on a whole tirade about the many of other reasons that make her an unfit parent, but for the sake of brevity I will save that for the courtroom.
The long and short of it is that I have my daughter all year on my fixed income and had I been working, would be filing head of household and for the child tax credit. But since Workers Compensation is not taxable, I have no income to base it off of. I understand that I am not eligible for anything due to my lack of taxable income. But she just got fired from her job and is now threatening me with her high dollar family lawyer who she plans to hire after filing head of household and for the child tax credits on her 2016 tax return.
As I said, I am on a fixed income and cannot afford the caliber of attorney that she is planning to hire with her return. But my daughter has special needs and her mother cannot even prioritize giving her her life preserving medication routinely. So with that said, my daughter CANNOT afford for me not to win custody. And to my point, I am wondering if, since she has lived with me all year, if there is some form that I can submit to deny her the ability to claim herself as head of household and for the child tax credit.
And if not, I don’t understand why. Isn’t technically fraudulent for her to claim either of those on her taxes being that she truly did not live with her or incur any of the expenses that I have paid out of my own pocket every year? Plus if there were something like that in place the IRS would save a lot of money in unnecessary and fraudulent claims from parents who do not have physical custody of their children.
Hi Carolina,
If there is no discussion of who will claim your child in your divorce decree, then the person who should claim your child is the person that the child lives with. I know you said it’s 50/50. Is it really? Here in Missouri, usually the Mom has the kids M, T, Th, F and every other weekend. The Dad has the kids W and every other weekend. That would mean the mom has more days and the mom claims the kids.
So – what’s your situation? If you have your child living with you for more days – then you win. If he has the child for more days, he wins. If you are truly exactly even, then since he makes more money, then he wins.
I hope that answers your question.
Hi Concerned,
You are a stay at home mom – so what income do you have? If you claimed your children on your tax return – what would you get? If there’s no income, no withholding – no refund. No income, no EIC. Absolutely the only way for there to be any refund for the children is if you ex claims them.
That said, by him claiming married filing separately, he’s fully within his rights and he’s probably losing money. (He’d be better off if he could claim married filing jointly with you – but when you’re going through a divorce you may not want that.)
With the IRS – the children only need to live with him for over 6 months – which they have. Then the IRS will go with who has the greater income – which is him. So you would lose.
Now – you will win for 2017, but that’s next year.
But back to your desire to file for this year: Unless you have income – filing and claiming your kids does you no good. If you want a battle with your ex, make it be one that’s worth it. This one isn’t.
Hi Jan. I have a question , when my ex and I got divorced , I asked him to claim our only son fairly one year him and one me, he definetly said no. He kept all the debt from our marriage and now he is saying that we both agreed that because he kept the debt he is the one claiming our kid every year. He pays child support and we have our kid 50/50. He is the one that gets more money every year because he has a business and he has another job. In the divorced decree it doesn’t say anything about who will claim our kid the only thing that it says is . The Tax will go depending on the IRS regulations… I claimed my son last year and I am taking the chance to do it this year too. I am just thinking that because we don’t have any agreement whoever doesn’t it first is the one who will do it . I already did it. So I think I am in trouble now. Well at least my ex will get me in trouble. What should I do now that I already claimed my kid?
My husband and I are going through a divorce. I am a stay at home, homeschooling mom of 4. He left October 12, 2016 to move in with his girlfriend and has not paid any support since November 11, 2016. Prior to that he was giving us $500 per week (which was his idea). He hasn’t even seen our kids since November 11 and barely calls them yet claimed them on his taxes this year. My lawyer mentioned in the court hearing on January 18 that I wanted to claim the children as dependents or file together and split the tax money. The judge asked us to do mediation. My husband has already filed married, filing separately and claimed all 4 of our kids. Now what can I do? It seems unfair that he is now getting the whole tax return. My lawyer told me not to file because it will get me in trouble with the IRS but the kids lived with me all year last year. He was only in the home until October 12. Shouldn’t I be the one that qualifies to claim them? And will I get in trouble if I file and claim them now?
Hi Michelle,
No, she can’t. I’d claim the girls as just exemptions and child tax credit – no EIC. Now – here’s the thing, you can’t claim them without the 8332, but you can still file- and it’s going to mess her up. (I know, I’m being a witch.) So, you will probably get an audit letter and you will probably lose, BUT – she’ll also lose.
So, I would claim the girls, but stick the money in the bank. Be prepared to lose and pay it back. (She may chicken out and not force the audit because she’s in the wrong.)
So, let me be 100% honest, I shouldn’t tell you to file a tax return that is wrong. I’m not being a good tax person here. But it’s illegal for his girlfriend to claim your children on her taxes. Now I guess I should tell you to file a complaint, but it may never get processed. Realize that I’m giving you bad advice here. I shouldn’t put this in writing on my website.
The “professional” advice is to file your taxes without the girls, and file a fraud report on the girlfriend. Here’s info on how to do that: Reporting Fraud That’s the advice I should be giving you. (Personally, I’d claim the girls, but that’s not what I should tell you to do.)
Hello Jan,
My ex husband is trying to have his girlfriend claim my 2 daughters. He is the custodial parent but has no taxable income. He is claiming he has to sign form 8332 in order for me to claim them being im the non custodial parent. My question is can his girlfriend legally claim my children?
Hello Jan,
My ex husband is having his girlfriend claim my two daughters. He has no taxable income and is the Custodial parent, and states that I need form 8322 signed in order for me to claim them. My question is can his girlfriend legally claim my children?
What im saying is that the kids didnt live with her for a full 6 months of last year or the year before. But the address of the school in 2015 was my address. The address didnt change until mid june of 2016. So I should probably throw her an audit. Sorry Jan, I know its confusing. But the kids didnt live with their aunt for 6 months the last 2 years, I just need to know how to prove it.
Hi Corey,
What I’m reading is that the children and your ex lived with the Aunt. 50/50 custody doesn’t mean anything to the IRS. Where did the children live is what matters on the tax return? If they lived with the aunt, then the aunt can claim them. I don’t feel like I have all the facts, but what I’m seeing here doesn’t look like you get to claim them.
Hi Diane,
If the parental rights were terminated, it would seem that the aunt is now the custodial parent and the parent would not be able to claim the child. It does depend upon when those rights were terminated, for example, if the parent had custody for over 6 months of the year – then the parent might still be able to claim the child – if all the other requirements were met.
Also, the kids school is addressed to their aunts house and they started that school in mid june 16. Past the 6 month line. I have all the daycare receipts and a few medical bills addressed to my home. Should I go for it as I feel im getting screwed. I pay outrageous amounts of daycare and their healthcare isnt cheap either.
My ex had her aunt claim the kids this year as she didnt work much last year and had her claim the kids the year before as well, so it should go without saying that its my year to claim. We have had 50/50 since the split and is about to be finalized in court. I pay 100% of daycare and 100% of the 3 childrens healthcare. When we split the kids and her lived with her aunt for about 8 months and my ex moved out around August 16. What should i do?
IfYour parental rights was termination and her aunt was give custody and live with the aunt and the aunt get a gov check for that child can the parent come back and claim that child on her tax return
Hi David,
I’m attaching this link: Tax Strategy for Exes that Get Along
Now, it sounds like you and your ex aren’t getting along too well, but I’m attaching the link anyway.
The IRS determines who should claim the child based upon the number of days the child sleeps in a house. How do you prove that? One way is to look at school records. The win goes to your ex.
But what about child support? Usually, court decrees give thee exemption (and child tax credit) to the person paying child support – which sounds like you. But you didn’t mention it so I’m guessing you’ve got nothing there.
So I would think splitting the exemption would be your best route, see this post: Splitting an Exemption
Maybe that would give you both a happy medium.
Hi Tanya,
I’m not a lawyer, I just do taxes. The IRS doesn’t care what he said he’d give you. All they care about is who has the right to claim the children. If the court papers say he gets to claim them, he is entitled to the dependency exemption and the child tax credit. He is not entitled to EIC. If you only claimed head of household and EIC, then you are not in contempt. (Okay – I can’t say that, I’m not a lawyer, but you’re not in trouble with the IRS if you claimed EIC and HH but not the exemption and Child tax credit.)
If you did claim the exemption and the Child tax credit, you can amend – and then she can’t make a complaint!
Hi Jan – so my kid’s mother and I did not keep a calendar of who she stayed with more during the year. It’s pretty even. She goes to school in her mothers school district. She is on my health insurance and I pay 100% of all medical bills. We split after school daycare costs equally, but in the end, I pay more towards my daughters care if that matters in this situation. We are at odds now because we both feel as though we should be able to claim her. I’m not sure if there’s a way to track or prove who she was with more. If we both claim her and it goes to a dispute, how will the IRS try to determine who she was with more. It’s basically each of our words against the other person.
So, my situation goes. For 2014 & 2015 my ex claimed all credits and was supposed to split with me. I saw nothing. Our court papers state he claims them on taxes. I told him to fix him falsely claiming the boys for teo years and breaking our verbal, i wanted to claim them this year. He agreed. We filed early eith Jackson hewitt. Im primary. They are with me 95% of time. After he agreed i filed, his wife is now getting him to file contmept on me and blackmail charges(atleast thats whats shes claiming) unless i pay them $2000. My husband has a lawyer for his stuff so i cant do anything until hes done. A modification will be done. Bit if he verbally agreed how can he renigg after i filed?
Hi Carrie,
First, your 18 year old son’s income does not factor into your household income, unless it’s for the health insurance credit/penalty.
Now, about the 8332. It’s quite possible that nobody ever signed an 8332. It’s a form that should be attached to tax returns, and never is! And there seems to be no policing of that activity at all!
Now, your ex claims three children – but he is only allowed to claim the exemption and the child tax credit. He is not entitled to head of household filing status or EIC on any of those children. So make sure that you get what you are entitled to on your tax return.
I hope this helps a little.
I have sole legal custody of our 4 children. My lawyer felt it was in my ex-husband’s best interest to claim 3 and I claim 1, even though they live with me. I have never signed the 8332 our decree requires in order for him to claim them, and the IRS has refused to give me a copy so I can see whose signature accompanies my signature, as it isn’t mine. As my decree did not address cell phones, cars, auto insurance, ACT costs including tutoring, school lunch, pre school or dual credit expenses, I pay ALL of those. He does not provide health insurance. He will be claiming 3 again next year when he is only paying child support for 2. Now to my question: my 18 yr old son lives with me 100% of the time and will graduate from high school in May. He has 2 jobs. His father claims him. Does his income factor into my household income?
Hi Vito,
So, she has custody of both kids. Do you have a court order to claim them? Do you have anything that says you have any kind of right to claim them? At the very best, if she allowed you to claim one child, all you would get is an exemption and a child tax credit. Max value = $2,000. If you try claiming head of household and EIC – well then you’re the one in the wrong and when the IRS comes knockin’ at your door – you lose plus pay the fines and penalties. Just giving you fair warning.
Hi Jamie,
You were married to your ex husband, that makes you the step mother. Step mother is a legal parent. You also lived with the child for over half of the year. You’re on solid ground here. Assuming that you meet all the other requirements – you should be able to claim your step daughter.
Hi Rachel,
Who has custody? I mean, where do the kids sleep at night? That’s who should be the one to claim the children. That’s how the IRS determines. it.
Hi Jan,
My ex wife and I have 2 children. Every year I ask her politely to split the children for our returns and she always has some meaningless excuse. Both kids live with her throughout the year and I take them every weekend. I am about to file my taxes earlier than usual. What happens if I claim one child without telling her as far as the IRS is concerned. I feel like she’s always trying to beat me out before I do my taxes just so I cant claim. Should I claim one child and just deal with it later because I’m pretty sure she’ll turn me down again.
my ex husband and i were divorced in May of 2016 and his daughter from a previous marriage stayed with me. He had custody and went back to jail in august and still has custody. Neither one worked and bio mom is on disability. Step daughter lived with me from Jan to October when i moved she went back with her mom due to me downsizing. I have all the documents as far as school and dr records and agreements about living situations from the mom. My ex husband and i claimed her the last two years. So my question is can i legally claim her? Bio mom stated shes having her grandmother claim her stating she lived with her all year.
Gross situation i know…
I have question how can I stop my ex from claming my kids,we don’t have any custody of them but am the one who stays with them evetytime day! But he doesn’t pay anychild support,what’s should I do to thank you
Hi Chrissy,
you would probably need to go to court if you wanted to change the agreement. But remember, the exemption is only the exemptions and the child tax credit. You still retain the head of household filing status, the child care credit, and the EIC if you qualify. See this post: split exemption
Hi my ex tricked me in our divorce agreement to claim both kids every year on taxes, we have 50/ 50 only in paper work my son is with me 7 days week spends maybe 4 hours at his father’s I pay for all kids activities and other needs he does pay his child support. But claiming one child would help a great deal. Do I have any legal rights to over change my divorce ?
Hi Lashun,
First question, does your child live with you? If yes, then you want to paper file your tax return claiming your child. You can go back as far as three years. That’s where you start.
Hi Mike,
Do not claim those children. They are not yours. Read this post: Boyfriend Claiming Kids
My question is pretty basic. My ex has claimed my child every year for the last 11 years, because I can not find the number to report it in the middle of this ocean of wrong turns to the answer. Please can anyone help?
I Was With A Girl From April 18 2015 To Oct 1st 2016 i Lived With Her The Whole Year An 3 Months Together She Had No Job I Payed All Expenses. Last Year I Claimed Her Kids I Kno This Year I Could Too Becuz I Had Them In My Care For 10 Months Only Thing Is I Don’t Have To Much Proof Other Then Proof Of Residents
Dear Lost Grandma,
The big question is – does you son live with his children? The grandmother should not claim kids that don’t live with her, but your son should not claim kids that don’t live with him either.
Bottom line, if your son is not the custodial parent and there is no court order allowing him to claim the children – then no, he has no rights in this situation. Sorry.
Hi Hannah,
Okay so your court document allows you to claim the exemption. It says you also get head of household, etc. but technically, you can only get that from your child living with you, not the court document. (At least by IRS standards anyway.) But that’s okay for you since it seems you definitely are the custodial parent here.
Nothing can actually stop your ex from trying to claim your child – as evidence by all the comments here where somebody claimed a kid they shouldn’t have claimed. But you have weapons! You’re in the right for claiming your child so even if your ex tries – you can still file and win.
It’s not that you will get what you ex didn’t deserve – you will get what YOU DESERVE! That’s important. You may go back and amend for up to three years. Good luck.
My son and his ex girlfriend have two kids. Last year his ex let her mom claim one of kids on her taxes. Can she do that? They do not live with her mom. Does my son not have in rights with you can claim his children?
Hi Wife,
the court document says that they will alternate the boys every other year. I’m not a lawyer, but that’s what you’ve got to work with. This post might help you, but my guess is that your husband and his ex don’t really get along so well. Tax Tips for Exes that Get Along
Hi Doreen,
Sadly, the best advice I can give you is to file as early as possible. If someone does use your child’s id and your tax return gets rejected, you’ll just have to paper file again. Hopefully, someday the IRS will have this all straightened out.
What if you have a court document stating that, every year the mother gets to claim her son as of 2015+ As a dependent, and head of household and so on. The father never sees his son, even when hes offered 4 hours a week lol, nor even wants to take the opportunity/effort. And hasn’t paid child support half of this year. Should I proceed on taking it to IRS? From stopping him for the near future? And if I find out like a year later, could I still do something about it? Will I get back what he didn’t deserve? Would he have to pay a penalty? (He is an illegal immigrant) I would greatly appreciate any advice that anyone has for me.
My husband and his ex girlfriend have 3 children together (1 18 y/o girl and twin 13 y/o boys) per court documents when they separated they both have joint physical and sole custody with one claiming the girl and the other claiming the twin boys then alternating every other year for taxes. The girl has married this year so is no longer able to be claimed by either parent now. It was my husband’s year to claim her so he suggested they both claim one. She refused as its her year to claim both…so he will claim 0 this year. He told his ex next year he will claim 2 for the twins as it would be his year and his ex will claim 0 as it would of been her year to claim the girl, she refused saying she is going to claim 1 and he can claim 1. As she always does taxes first if she does claim 1 and we get rejected should we pursue the audit as it should be his year to claim the twins? The court document doesn’t specify if u can no longer claim one what happens. I’m assuming that if u can’t claim the girl it becomes null and void and have to claim 0.
how do i protect my child this year from being claimed by someone that i don’t know who is claiming her i am trying to protect her now before they file
Hi Britney,
You have a court document that allows your ex to claim your child as an exemption on his tax return. Done deal there. You cannot fight it unless you go back to court.
But it does sound to me like you have custody of both of your children. Right? In that case, he is only allowed to claim the exemption and the child tax credit – he does not claim head of household, EIC, or the child care deduction for that child. Now, you may make too much money for the EIC tax credit, and you already can claim head of household for the other child, but at least you still qualify for the child care credit on both children.
But here’s a link that might help you, just in case: Split Exemptions
Thank you so much Jan !!!! You were a great help and a blessing. Haber a Merry Christmas to you and your family. Thank you again
Hi. I have a question I have two kids with my ex. Our court papers say he can claim one each year as I claim the other. Well, the Issue is he only pays 400 a month and I pay just in daycare 1,160 a month. On the tax info it says if you pay 51% of the child which he doesn’t not even close, but it’s a court document. How can I fight this?