What to do if an ex spouse claims your chlid for taxes

It's a hassle if someone else claims your kid on their revenue enhancement render, but that doesn't mean yous accept to give up.

This happens to people all the fourth dimension.  You get to electronically file your revenue enhancement render and it gets rejected because someone else has already claimed your child.  What do you do?  I say fight back, and here'south how.

The first pace to fighting back is to make sure that you're in the right.  Inquire yourself these questions:

1.Are you the biological parent of the kid?  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 example, but I'd suggest professional help here because it is catchy.)  To become this route you should be the existent parent.

ii.Did the kid live with you all year? If non all twelvemonth, for at to the lowest degree over half of the year?  If you lot had custody all twelvemonth you have a much meliorate shot of winning.  You lot 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 kid for half the year and you had half, this might not be worth information technology.

3.Is this good for your child?  Generally you'd think that having more than money in the household would be skilful for your kid, only if fighting with your ex could cause damage to your child, yous might desire to stop and remember about it a bit.

Footstep two .  Once you've adamant that you are in the right and that you are entitled to merits your child, then what y'all need to do is print out, sign and mail service that rejected return to the IRS —keeping your child equally your dependent on the tax return.  When you do this, the IRS has to accept information technology in.  They have to look at information technology and information technology'due south going to throw whoever claimed your kid into an audit.  If an Earned Income Tax Credit is involved then those inspect papers generally run 11 to 22 pages long.  (eleven pages for a directly EIC audit, 22 for an EIC and head of household audit, they're the same questions it'due south merely that 22 pages is more intimidating.)

Hither'south the scary part, you're going to get the aforementioned paperwork.  It is a little intimidating, but y'all're expecting it.  Because you lot're the custodial parent, that is your child lives with you, you can respond those questions with no problem.  People who shouldn't exist challenge your kids can't answer the questions and that's why y'all'll win.  If your kids are in school, y'all'll need a certificate from the school saying they attend and where they alive.  If they're too young for schoolhouse, you lot can go a statement from the doctor'due south role that you're their parent and yous 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 volition take to provide some proof:  school records, dr.'s files, church documents, day care receipts, wellness insurance records, something professional.   Your Mom or a friend can't vouch for you lot.

In one case you lot've received the inspect papers, completed them and sent them dorsum, then it's a waiting game.  Your ex (or whoever claimed your child) will have to complete the same paperwork.  The IRS volition examine the papers and determine who had the proper right to claim your kid.  But since it's you, y'all will win.

The big downside to this is that information technology volition take months to settle. Months .  On the upside, in one case 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 1 year, you're preventing time to come problems besides.

What if yous need the money now?  That's the about common question.  Sorry, just that'due south impossible.  What you've lost, you tin can't get back without a fight.  If yous have more than 1 child, and only one was claimed incorrectly, you could file now and at to the lowest degree get part of your refund, then file an amended return after.  I don't recommend doing that, simply I as well sympathize sometimes y'all need the greenbacks now.

If you endeavor doing this as an amended return there are two consequences: showtime, it will dull everything downwardly even more.  Y'all 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 y'all're basically calculation 4 to v months to the timeline for solving this result. 2d, filing a render and alteration to add a child reduces your credibility with the IRS.  Your documentation had meliorate exist stone solid because you volition have no wiggle room for doubt if y'all submit an amended return to claim your kid.

One more matter to consider before you go through with this.  Call your ex and talk it out.  I'1000 non crazy, hear me out.  You lot've read this far, you know that fighting is a large hassle.  Earlier you lot go into warrior mode, possibly y'all can negotiate a peace treaty.  What practise you stand to gain from this?  What does your ex stand to proceeds?  It's important that yous file your returns legally, but with divorced or never married couples, you lot can dissever an exemption:  the custodial parent claims head of household and EIC, the not-custodial parent claims the child tax credit and the exemption.  It could be a adept thing for both of you and for your child.  (Recollect, what's best for the kid?)  Instead of going to war, y'all have your ex amend his/her return and you file your return right after the amendment is accepted.  It still is tiresome, but much faster than going through an inspect.  And it's a peaceful solution.  (Please, don't fifty-fifty remember of trying this if your ex is unsafe.  Safety first.)

Finding out that someone else has claimed your child for taxes can exist shocking and financially devastating.  The assumption is usually that information technology'due south the ex, just that'southward non ever the case.   When you lot file to merits your child, you will never be told who the other person is.  (Of course, if information technology's your ex y'all'll probably get an unfriendly phone call so you'll know.)  It'south scary how often it'south non the ex, though.  Exist sure to protect your child's social security number.  Don't proceed the card in your purse.  Don't share the social security number with anyone.  Your child needs your protection.  It'southward difficult enough being a kid, beingness a child with a stolen identity is worse.

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Notation:  Here are some links that might help:

EIC questions of any kind:  http://world wide web.irs.gov/Individuals/Earned-Income-Tax-Credit-(EITC)-%E2%lxxx%93–Employ-the-EITC-Assistant-to-Find-Out-if-Y'all-Should-Claim-it.

How to detect free tax preparers:  http://world wide web.irs.gov/Individuals/Gratis-Tax-Return-Preparation-for-Y'all-past-Volunteers

How to find your local IRS office:  http://www.irs.gov/uac/Contact-Your-Local-IRS-Office-1