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.
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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
So I go to file my taxes and claim my daughter like I have done foe the past several years with no problem might I add only to find out that I was told someone else claimed my child . Now keep in mind that me and my x both have joint custody but the child stays more time at my residents than she does at her mothers. My grandfather whom lives in the bacl yard actually keeps a ledger of the daily events like when she stay and when she goes back just in case she tries to come back and sue for custody. She recently got re married back in july 2011 thinking that the tax laws say the step child has to live with the step parents for 6 mnths and one day. What she didn’t realize what that meant 6 mnths and one day the whole year not till the point when she would be filling taxes. What my question im trying to get at is she went behind my back and let her husband claim my child with out my knowledge she is her self on disability so there for she has no income as far as the child goes. until she recently moves this man in. Now I have doctors receipts and also school showing where I have paid most of the money on the child through the year what can I do where she has allowed this man to claim my child with out me knowing. Please help and advice at all would be greatly appreciated!
hi.. what a great page of info! I have a scenario for you. My brother got custody of his three kids june 2011. He has lived with me since then and i was planning on claiming his kids as dependents until filing was rejected because his ex wife filed first. what should we do? File by mail including Form 8332 for the three kids? Plus costody papers and school papers for proof? We have the right to claim for EIC and child tax credit for full year right? Thank you…
Thanks for the info. I actually completed &to mailed out a 3949 form today stating to the Irs the false filing status that i believe she filed with. Since that was already mailed will it cause the irs to audit her? I’m thinking it may be best for my son to hold off filing his return until we see what happens with that? Of course if it takes too long then he’ll obviously have to file by 4/15. Thx again for your valuable advice!
Hey Hallie–
you can’t claim your child because your mom claimed you as a dependent. But–your mom can claim your child as a dependent and claim EIC (if she qualifies). As the grandparent–and custodian–she has the right to claim your child on her tax return. At least for 2011.
Now–about 2010–that’s going to depend upon when you separated. If your ex lived with your child for over 6 months–then he’s got a legitimate claim, but if you separated early in the year–then your mom could amend her 2010 return as well.
Hey Paris,
So you know that you’re going to be paying the taxes back no matter what. So do you really care if the IRS just keeps your refund? I mean, it’s the easiest way to pay them back–they’ll just keep adding interest, etc.
So, will they keep your refund before you send the paperwork back? It depends on where they are in the process. I worked with a client who filed an amended return with the intention of having their tax refund used to pay off the balance due and they still got their refund back. It takes about 16 weeks for an amended return to be processed.
Basically, if the IRS has already decided that you owe–it won’t matter when you file. If they’re still waiting for you to do something–you’ll probably get your refund even if you do amend your older return first.
Hi Amanda,
Okay–what you need to do is file your tax returns claiming all of your children. That get’s the process started. You’ll have to paper file if they’ve already been claimed. You’ve read the other posts–this is going to take some time. Make sure you file as far back as 2008.
You’re going to get the audit notice so get your ducks in a row because you’re going to have to prove you have custody of your kids and are responsible for them.
You’re probably going to have to deal with this for several years.
Stand firm–be strong, and eventually you’ll come out on top. Remember–maintaining a home for your children is what’s important as far as the IRS is concerned–the DNA test –not really. Keep your focus on things like school records and stuff like that.
Hello my question is a little different my sister was incarserated for 6months in 2010 I had custody of her untill my sister got out of jail being that I had custody of her for half of the year I claimed her on my 2010 taxes as did my sister I did not know this now we both received a letter saying the child was claimed twice being that I don’t like confrontation I just said that I would just remove my niece from my taxes and pay it back well my question is if I try and file my 2012 taxes will they hold my refund no papers has been filed and a friend of mine said to domt taxes get my refund then file the paper work I’m so confused
Thanx
Paris
@ Chris,
Yes, it’s quite possible that your ex will use the social security card to claim your child on her taxes. Also, if you go to a reputable tax service, they will ask to see the social security card and will not file your return without it.
If she does, you know to file a paper return, etc. But not having the card is a problem.
Hi Gloria,
Well you got me. That doesn’t make any sense at all. So here’s my question–who makes the most money, you or him? Whoever makes the most should file as head of household. The other one should file as single. You claim the older two, let him claim the younger two. Then see what happens.
If it goes into audit–well, you know the routine. If you get denied again–well that’s when you call me. (Or hire someone local.) You shouldn’t be denied.
The only thing that would made any sense is if your partner had commited EIC fraud before and was banned from claiming it again–but even if that was true, the worst is for 10 years. You two have been together for 14–so that’s highly unlikely.
Bottom line, I think your plan is good, and just be prepared if it comes to a fight. Good luck.
Hi Melinda,
Divorces are so difficult. I’d bet $100 that his wife filed as head of household instead of married filing separate. And she needs to change her tax return.
So he can explain it nicely, and suggest politely that she needs to amend her tax return to married filing jointly and they can split the refund appropriately—or, he’ll be forced to file his tax return as married filing separatly–listing her as his wife, and claiming his children on his return. It will send her tax return into an audit and because she incorrectly filed as head of household (like I said, you can almost guarantee it) she’ll lose and have to pay that money back. Oopies.
Now I can see her side–going through a divorce and not wanting to have to split money with her ex–but if she’s filing the right way–using married filing separate–then she’s really not getting much of a refund. It’s probably in her best interests to file jointly–if she’s doing a legal return.
Now if it comes down to who gets to claim the child? The ex will win, because even though your son provided support–and the time he was in the service counts as being in the home–but when they split–she kept the child so she has more time and that will be the tie-breaker. So he’s only claiming the child to through her into an audit. This isn’t nice–but he needs to be able to make the threat to get her to do the right thing.
Sorry for giving you such mean-spirited advice, but it might be your only option.
Or could my mom file a tax amendment and claim the girls? I have all the proof I need to prove that we lived with her for the majority of the year. I know the IRS likes to award the EIC to an actual parent, but if he can’t prove he had custody of them, then what do you think will happen?
Hi Mona,
You’re a perfect example of why we need to change the rules. You shouldn’t have to go though this every year.
By the way, paying child support doesn’t mean he gets to claim your child. (Okay, it did mean something back in 1983, but not now.) I wish I had a magic answer, but I’m sorry, I don’t.
My mom tried to file and claim them since we did live with here for the majority of the year, but she was rejected cause he had claimed them. So she filed anyways cause she really needed the money. She also claimed me as a student. So another question I have is can I file a zero return and claim the girls without expecting a return, just to file? Even though my mom claimed me as a student as well? She didn’t get EIC for me I was just a dependant. That way we both filed and claimed them and they can audit the both of us?
Hi Kim,
To be honest, I doubt that your ex will get into any real trouble. I mean, you’re going to file the paper return and start the audit process–and you will win–but other than paying the money back and adding in a fine–he won’t really suffer.
On the other hand, I’m thinking very bad thoughts about him right now so he’s suffering from a really bad stomach ache–right now–and he has no idea why he feels so awful. (I really shouldn’t joke about stuff like that, I had a boss I really disliked–really bad person–and I thought bad thoughts and he had a heart attack. I know, it really wasn’t my fault, but the timing was pretty scary.)
You know, I’m kind of enjoying thinking these bad thoughts. I think I’m going to send bad vibes to your ex tomorrow too. (And if he ever complains to you about how awful he feels–well you just laugh!)
Oh Liz–
you really want to sign the 8332 form. You see, if he hands that 8332 form to a professional tax preparer–then all he can claim is the exemption and the child tax credit–he can’t claim EIC! If he doesn’t have the 8332, he could try to cheat and just lie and claim everything.
Now granted–you don’t want to give him anything–but you do have your divorce decree and you should go along with it. Use it to your advantage.
Now, you’re unemployed so you can’t claim EIC–but you still get the head of household designation which will reduce your taxable income (they do tax that unemployment.)
Once you and your fiance’ are married, you’ll be able to file jointly and claim your little man for all of the tax benefits (every even numbered year) and EIC if you qualify in odd numbered years.
It’s annoying to give up tax benefits to a guy who never spends time with your kid, but at least he’s up to date on his child support. (Okay, so that’s only because you were smart, but he is current with the child support.)
@Hallie–
I really wish I knew just what will happen with the 3949 form. The IRS will never tell you because of privacy issues, but I’d really like to know if it helps.
Other options–I know this sounds awfully personal (sometimes it’s easier in an office behind closed doors) but if you have no income–how are you surviving? You need to eat, have a roof over your head, etc. I’m guessing you’re not homeless. So–
Are you living with someone? A parent or boyfriend? Someone else who can legally claim your kids?
If you live with a parent–a parent could claim your kids with all of the full rights and privileges of EIC, child tax credit etc.
If you live with a boyfriend (or just a friend) your friend who is supporting you and your kids could claim you and your children as dependents. Now, because there is no “relationship” other than living together for 12 months–there’s no child tax credit or EIC–but there’s still the exemption and it does put a kink in your ex claiming the kids.
Last time I checked, Oklahoma was a Texas sized drive away from Louisianna, so your ex would really have a hard time proving he had custody from so far away. It’s not a perfect solution, but it gives you an option.
Amira–
They had better not. If the IRS tells you its a waste of time then you call me–and the will regret it.
(Sorry that’s a little cranky, it’s been a long day. But every case deserves to be treated with respect and consideration. And when you don’t get it–well, that’s my specialty.)
Thanks for the link. I checked it out, and it told me pretty much what I already knew. I’m just wondering if the IRS will dismiss my claim (or at least the part with the children) if it’s “not worth it” to them. In other words, yes I qualified and the other person didn’t. But the other person filed first. Even though I have the proof, are they going to dismiss it saying that it’s a waste of their time?
I am a single 24 year old woman with 4 kids who has been going through alot of problems with other people filing my children for earned income credit. For the past 2 years my ex- boyfriend has illegally filed the 2 kids that I have by him, but I am the custodial parent, and my children always live with me. My ex- boyfriend is the father of these 2 children, but we have never been married, and no DNA has ever been established in order for him to gain the right to ever file them. My ex doesn’t pay child support because there was never DNA ordered, but he never supported our boys, and he blew my kids money 2 years in a row on drugs and alcohol instead of his children. I have 2 other boys from another man, and ever since 2005-2006, he and his mom have been telling other people to file my kids and split the money with them. I have had DNA established for these 2 boys that was court ordered. He is supposed to be paying me $417 since 2007 and he has never paid. Childsupport enforcement said they can’t make him pay because he is mentally disabled. He is not disabled though. He is really smart, and just uses his disability check to buy crack and sell it for profit. What can you do to help me???
Hello,
I have joint custody with my ex (never married). I have primary residence and she gets our daughter once a week and every other weekend. She doesn’t part child support or help out with anything. However the rock in the situation us that she has our daughters ss card, I know her ssn by heart so its not an issue. But im very worried that she us going to try and claim her on her taxes. Its this possible if her to do?
In addition… the housing alone while he was in the Navy was computed to be $2,100 per month in addition to his $37,000 income. There were 2 adults & 2 children living in the Navy housing. When they moved into the apt, she paid $450 per month Jul – Sep (promo rate). He paid $900 for Oct. & has been billed for 2 more months + late charges totaling $1,925.
Hi…My living partner and I have been going through an issue with the IRS…we live together for the last 14 years we have now 4 kids but with the first two who are older most years I filed as HOH and claimed them on my tax return with no problems!!
But back in 2006 we decided that my significant other claim them on his tax return (his is the father and we have always lived together with the kids) well they denied him saying that the kids weren’t his and that he had no claim on them???!!
So we got everything together…birth certificates, school records, leases, everything and yet they still denied it….so I ammended my tax return I claimed them and viola! I got the refund and EIC and everything..
2010 Tax Return Filing We tried the same thing including our newest baby..well the EIC was only approved on the Newest baby not on the older ones??!! We don’t get it why are they denying him as the father and the fact that all the paperwork shows they have lived with him?
I did not file for 2010 and I’m thinking I’ll just do so and 2011 with our two older kids (12 and 9). and he can file the two youngest (8 month old and 22 month old). Can we both file as HOH in our individual tax returns?
Any suggestions to why the IRS keeps denying my significant other for our other children? and what can we do? we have filed that form they require asking how long they have lived with him…but no go
Thanks!!!
My son’s soon to be ex filed separately for 2011 after they had already agreed to file joint as they aren’t divorced yet. She claimed their son even tho my son made $37,000 & she made $8,000-$10,000. My son was in the Navy thru May 2011 & therefore he provided housing & medical thru his Navy employment for 5 months. Their son lived with her parents for 1 month before they moved back to Michigan. They all lived with her parents for prox. 1 month after moving back to Michigan until they got an apt in July where they all lived until she moved out Nov. 6th. Bottom line is my son provided way over 1/2 of his son’s support for 2011 & his son lived in their marital homes for 8 months. Currently they have joint legal & physical custody with no court order as to who gets to claim their child. Do you feel he has a good chance in winning the right to claim his child? I also believe she filed head of household which is incorrect as she lived with my son 4 of the last 6 months of the year.
For 8 years my son father has been filing her on his taxes and he has not giving her anything. Every time I file my taxes it gets rejected because he filed her. I have been doing an amending return for 7 years. Even one irs representative told me to mail my taxes in so I did in 2009. Still nothing has happen. For 8 years I have been calling the Irs and writing them to stop him from filing my child and they have not done anything. Even this year my taxes got rejected so now I will have to do another amending return just to add her. This is so frustrating because I am the only one who has the right to file her. She has never lived with him. He never knew the school she attends nor where we lives, but yet the irs is not doing anything. I even went to the irs criminal investigation department and still nothing has happen. The father told me that he can file her because he pay childsupport which is only $200 a month. Please do you have any suggestions for me because this needs to stop. Thank you
@Denise–
No, I wouldn’t be worried–it’s just that what does the divorce decree say about him claiming your daughter? Does he get to do it until she’s 18? I think most of them say that, but from some of the calls and mail I get, some decrees talk about college etc. and the ability to claim includes the college years.
So–that’s why I say check the decree. Not that I think you’re in the wrong–(because I’m guessing you’re right) but you want to dot your i’s and cross your t’s first. Just to be safe.
My issue is I had my daughter for 7 months last year and my ex had her for 5 so i”m automatically in the right for claiming her right?
And we were both verbally told by a child support referee that I was rewarded the claiming of her and he still claimed her. Could he get in trouble for intentionally claiming her when he knew he wasn’t supposed to?
Thank you for this it has been a HUGE help! I was so lost before I read this.
Thanks for your info, but I am wondering why the advice to check the divorce decree. She is 18. He stopped the support because she turned 18 and his court ordered obligation was until she turned 18. So was the COURT ORDERED division of claiming her as a dependent. Does this change your advice any? Our tax person (one we have used for years) said she felt I was legally within my rights to claim her since she was 18, lived with us full time, no longer subject to a court order or parenting plan, etc. Now Im worried.
Hi I have a question.I have sole custody of my 7 year old son he lives with me and guys dad barely. Even sees him he is supposed to get him every other weekend and came to.see little man 4 times last.year. My divorce was.finalized inDec of 08 and I got bullied by our attorneys into letting him claim little man on the odd numbered years as long ass.he.pays his child support which he does because I was smart enough to.get it taken out of his check.
Now he called me today saying I had to sign some paper in order for him to claim little man but I was told.that since.I have sole custody he.shouldn’t be claiming him at.all what he pays in child support is a joke I have to.provide his insurance everything! I really got screwed I kinda feel he shouldn’t be claiming him at all I am assuming here but I think he.us claiming all exemptions on the years he claims him I have left it alpine because I don’t want to get in trouble but at first today he was frantic.about signing thus paper than tells me I don’t have.to so I want to know what do have to do. I really don’t think its fair for him to pay so little in childsupport and him get so much back I don’t want to be or seem spiteful but as of now I am unemployed for almost two years know I can’t claim eic because I am not working but the fair thing would be for him not to claim that either by don’t so he doubleng almost triple his child support back my fiancée is providing for us and I do get unemployment and I have to file what is my place? What do I do.
Hi my husband and I have been seperated since 2010. I have had my two girls ever since. He lives in louisianna and I live in Oklahoma. There are no divorce papers or custody agreements, but they have lived with me the whole time and I have proof. I just found out that he claimed them on his taxes. I can not file because I didn’t work (I’m a stay at home mom and student), but legally he can’t claim them cause they have never lived with him and he doesn’t do anything to help with them right? I want to file fraud on his part because I don’t think that he deserves to get money for them when he does nothing for them. So since I did not file I how do I get the ball rolling and report him? I filled out and mailed in a Form 3949 A that i got off the IRS website http://www.irs.gov/pub/irs-pdf/f3949a.pdf Is this all I need to do? What advice can you give me?
Hi Amira,
Basically, if you’re in the right–you should be okay. But to be honest, there are people who “think they’re right” but not within the IRS rules.
Here’s a link to the EITC assistant on the IRS website: http://apps.irs.gov/app/eitc2011/SetLanguage.do?lang=en
Basically, if you answer all these questions truthfully–it will tell you if you can claim a child or not.
Hi Sandra,
So the court gave you custody of the child. Are you officially the “foster” parent? If yes, you will be able to claim the child for everything–dependency, EIC, child tax credit–the works.
If you are not considered to be a foster parent, you will still be able to claim a relationship because the child will be with you for a full 12 months. You’ll be able to claim the dependency exemption and that’s it.
I hope you qualify for the foster parent designation. You know you’re doing a really wonderful thing, right?
@Denise,
Well you won’t get in trouble with me, but that doesn’t count now does it. What will the IRS say? Your issue is going to be–does your ex have any right to claim her? Whats in the divorce decree? http://robergtaxsolutions.com/2012/01/court-ordered-exemptions-and-the-irs/
If he doesn’t have any grounds to stand on–then go for it. I’m guessing he thinks he can’t claim her and that’s why he’s stopped the support. But you never know what some people are thinking. Check you paperwork and make sure you’re in the right. Or–if you do decide to file for her anyway, stash the money in a bank account. If he does try to file and you are going to lose, you’ll have to money to pay it back.
Dear John,
(Gee I’ve always wanted to say that, sorry.) Here’s the situation–it looks to me like you’ve got the right to claim your daughter. You win on the days issue. But I’m going to warn you–you’re going to have a tougher fight than some of the other folks here. You’re going to be counting days and that’s a toughe sell. So–get your ducks in a row–do you have a calendar showing what days you had your daughter? The medical insurance helps, also where did your daughter go to school? Is it in your district?
I think you need to go ahead an file, but start preparing now for the audit. Here’s the list the IRS will be sending you–may as well get started: http://www.eitc.irs.gov/public/site_files/f886_h-EIC_2011.pdf
And good luck.
Hey Kelly,
You’re a victim of identity theft. Don’t be surprised if someone you know if the culprit, but it can happen in all sorts of places. Was your purse stolen in the past year? Have you had to use your child’s social security number for an application? It could happen in lots of places.
Bottom line, you handle this the same way that the divorced people do. You file a paper return and when the audit happens, you complete all the paperwork proving that you are the parent. You will win–it’s just a pain in the behind.
@Karla–
A couple of things.
1. The IRS says you can’t claim your son as a dependent–so I’m thinking there may be a divorce decree that lets your ex claim the dependency exemption. See this post: http://robergtaxsolutions.com/2012/01/court-ordered-exemptions-and-the-irs/
2. If that’s the case, and your ex can claim the dependency exemption, then you may still be able to split the exemption: http://robergtaxsolutions.com/2011/11/split-exemption-claiming-one-child-on-two-tax-returns-%E2%80%94-the-legal-way/
Now–if your ex doesn’t have a divorce decree in his pocket that allows him to claim–or a signed 8332 form from you, then you’ve got to resubmit those forms. Here’s the thing–you’ve been rejected twice–so I’m thinking there’s something wrong. It’s time to call on the big guns and get some professional help. Here’s a link to find an EA in your area: https://portal.naeacentral.org/webportal/buyersguide/professionalsearch.aspx
Good luck.
@Kay-
You need to read the directions at the top of the page.
@Amy,
I’m so sorry. I don’t have a magic cure for you. I spoke with the IRS and basically was told that they can’t stop a parent from claiming a child–even though the parent has lost several EIC claims. Their reasoning is that you never know when parents change custody. I thought that was lame but that’s what they told me.
There is a fraud form that I had helped people could use–I spoke with the IRS about that yesterday–I was told the it was absolutely not to be used for the “ex claiming kids” cases.
And I had one person write here about how his ex used H&R Block and that Block got his return stopped. Well, I called Block about that (I used to work there, we never had anything like that back then.) They don’t have a way to block filiers–their best guess was that he just conveniently got tagged for some other reason.
So–I’m sorry, I don’t have a magic answer for you. You’d think that once the mom lost a claim once or maybe twice–she’d learn–but evidently that’s not the case.
I’m sorry.
Hey Kayla,
Your fiance has had his daughter for over 6 months so he has the right to claim his daughter on his tax return. He can paper file, claiming his daughter and go through the whole audit process. But–it sounds like his case is good so I’d do it. Good luck.
Thanks for the great advice on here! I’ve got everything ready so that when I get the letter and the questionnaire I’ll be able to proceed immediately. I was telling a friend of mine about it, and she told me something kinda scary. She said she had faced a similar situation herself, but the IRS agent point blank told her that it wouldn’t be worth going after the person who had filed incorrectly. The end result was that she got part of her refund as if she didn’t file the children on her taxes. I don’t want to offend her, but could it be that maybe she had some of her “facts” wrong? I sure hope so. I’d hate to go through all this, only to be told it’s “not worth it”.
OK, I have an odd situation. I was given a child this summer (he is not otherwise related to me). Bio mom can’t handle him any longer, bio dad never even showed up for court. Bio mom was custodial parent but on SSI so never claimed him, so bio dad has always claimed him. I received physical custody on July 30, 2011 and legal custody on November 7, 2011. I have the right to claim him next year, correct? I thought maybe that I could claim him this year, but see that I would have to have him for at least half a year. Bio dad is now in a snit because I told him I plan on claiming him next year.
Thanks for any advice you can give me on this situation.
Sandra
i have been divorced for 12 years. My ex always (by decree) claimed our oldest daughter who is now 18 and in college and I always claimed our youngest daughter. Once the 18 year old turned 18, he stopped financial support and has not even given her gas money. She turned 18 in May of 2011. Its tax time. I just filed my taxes and claimed her as a dependent. She is 18, lives in my house full time, is a full time student and works part time (made 2K in 2011). I provide medical insurance, auto insurance, pay all copays, provide, all food, clothing, shelter, etc. She is a GREAT kid. Since she is 18, cant claim herself and is living in my home full time and we provide for 100% of her expenses I feel I am correct in claiming her as my dependent. He will go to file soon and find out that i have claimed her. Am i in any hot water here?
ok so i just went to file my EIC for 2011 and ofcoarse it got rejected. My ex wife and i have been going threw a custody battle with no resolution yet we got divorced in may of 2011 we have both since then been remarried and here lies the problem our daughter of whom i had only on weekends up until may 21st at which point i had her everyday until sept 27th at which point i had her fri-monday for a grand total of 211 days out of the year. i did not have my i did not have my daughters ssn so i went threw the lawyers to try to get it for fileing my taxes ofcoarse when my ex wife caught wind of this she ran out and filed them first. now i am out 4k. correct me if i am wrong but shouldnt i have the rite to claim her i am her biological father and had my daughter more out of the year. as well as her medical insurrence and everything else falls under me. am i wrong to try to persue this issue being corrected or not?
I just found out that my taxes were rejected due to someone claiming my 9yr old child. I am not sure what to do. There isnt anyone else that can claim my child that I am aware of seeing as how I am the only parent. My child’s father passed away 5 years ago and i have no contact with any family members. My child is a special needs child and I am really freaked out! Where do I start with the IRS and should there be more steps involved?
I have read through all these blogs and realize that my ex and I have been filing our taxes wrong.
My ex and I split up in 2000 and had a agreement to claim our son every other year. We did that for a couple of years because my ex was still around and helping me out. That dwindled as the years went by. My ex and I then agreed that I claim him since my son was living with me and was being supported by me and my husband.
One year I get a call from the IRS asking me some questions about my son. Things like where did he live, how long did he live here, etc. When I talked to my ex, he said that he was told that we both could claim our son on our tax returns. I never researched and just took his word for it. So we have been doing it that way since then.
Now the IRS has sent me the letters asking me to prove me son has lived with me. I have followed the instructions precisely. I sent in a letter from my son’s school and one from our church minister backing up the fact that my son has lived with me. They were rejected twice. The first time they were rejected, I hadn’t included all the information they were looking for. I corrected the paperwork and resubmitted them.
I just received a letter stated that are going to stick to their original findings. They are not allowing me to claim my son as a dependent and are asking me to pay the adjustment.
On the letter its says if I disagree, I should write a letter and send it documents to support my claim.
I have already done that and they didn’t accept it. Should I do it again?
My daughters father claimed our daughter on his taxes so that made mines be rejected. We have joint custody of her but i am the custodial parent and she lives with me. He gets her every other weekend. He pays child support, he owes back child support what should I do about this?
We have adopted children. A biological mother has been claiming 2 of the 3 children that she lost rights to throught foster care in 2006. She has claimed them every year. YES I SAID EVERY YEAR! I have sent in a paper claim with a cover letter and all of our documentation – every year. It will not stop. I have contacted her parole officer, local law inforcement, attorney general, IRS, social security, state representative, senator and congressman. Law inforcement told me it is not a crime against me it is against the governement. They can’t help. Parole officer said unless it is a crime – they can’t help. Attorney general said without charges being filled – they can’t help. Elected officials – can’t help. Local IRS said that they basically have bigger fish to fry. Since the amount that she was defrauding them for was not enough for them to even open an investigation – they can’t help. And finally social security – they will not provide our children with new SS numbers because we cannot prove identity theft. There is no crime here- so they can’t help. I have begged and pleaded with everyone I can think of – nothing works. I have begged the IRS for years now to flag our file or her’s so that they will not allow this to continue. Well we just attempted to file our return for this year and guess what – she did it again. We are at our wits end!!!!! I know we will eventually receive our refund but I can’t do this every year! To top it off – my husband is currently unable to work due to an injury. We did so much work on this last year that we thought we had fixed the situation and we were counting on this money to make ends meet until he can return to work. At the top of this blog you stated “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.” PLEASE help us prevent future problems!!!
my fiance and i have been taking care of his daughter all but a month and a half of this year and her mother decided to claim her with her cash assistance money she got last year.im really worried that the money wont be spent on the child wisely being the last time she filed taxes non of it went to benefitting the child and two months after getting it she was homeless with no food. what can i do
Ok thanks for your info!
@Julie,
You’re asking an anal retentive, straight arrow, accounting type if you should “risk it”? What do you really expect me to say? Of course I’m going to say no. It’s the way I am.
But let me give you a good “professional” reason for saying no.
1. You have this divorce “agreement”. It is a legal document. I’m not allowed to give legal advice, but let’s be real, it’s still a legal document and you want to throw it in the toilet? What’s in the divorce decree that you’d like your ex to abide by? Remember, these things work two ways.
2. You have 4 children. You can claim 3 of them for EIC. The fourth gets you nothing there. You already qualify for Head of Household. So you’re only losing out on the exemption and the child tax credit anyway. But wait–your oldest is 19–there’s no child tax credit for him so you’re only losing the exemption.
3. So how much money are you losing out on? Are you in the 25% tax bracket? 15%? Or have you already zeroed out your taxable income with your other three children? Now, if you’ve already zeroed out your income and you stil want to claim your oldest–that’s just being mean.
You need to ask yourself, “what am I getting out of this?” And, “Is it worth the fight that I’m going to have?” Unless you make a lot of money–I don’t see a financial gain for you. And if you do make a lot of money–I don’t see any sympathy going in your direction. It’s kind of a lose/lose proposition. So sign the 8332 form and let your ex claim your 19 year old.
I got divorced in 2010. All 4 kids live with me. The divorce agreement states that he is to clean our 19 yr old son this year…but I received no financial help for him and our son doesn’t work – looking for a job. He lives with me 100%. I have asked my ex but he has said no. Should I risk it?