Amended my return by removing my children from it, when will I my ex wife can claim this child as dependent?

[gmmo1971]

Hi, I amended my tax return of 2019 due to legal issue. I originally claimed both of my children as my dependents, but it was incorrect. I can only claim one. So I filed the 1040x and mailing with the payment tomorrow (7/15/2020). But my ex-wife is really after me because her tax returns were rejected since she was trying to claim one of our children as well.

Currently, I am blocking her from filing her taxes correctly. Does anyone know the next steps? The forms says it will take 16 weeks until the amendments takes affect. Here are my questions:

1. Do I have to provide my ex-wife my 1040x- form as proof that I filed the form?

2. When will she be able to file her taxes and claim one of our children in it? Does she need to wait 16 weeks until my amendment takes effect?

3. Does she need to ask for an extension?

4. We are on a legal battle right now and I will have to pay all penalties for this mistake. Can she start claiming one of our children as dependent right now, or she needs to wait 16 weeks?

5. Does she need to ask for an extension?

thank you for any help.

[xmasbaby0]

!. Ask your attorney if you have to provide the 1040X

2.  Your ex wife cannot e-fie this year.  At all.  Her only recourse is to print sign and mail her return that claims the child.  She has no reason to wait.

3.  If she will be getting a tax refund she does not need an extension since you have three years to file a return when you are getting a refund.  If she owes--an extension does not provide more time to pay--tax due is payable at midnight tonight in her time zone.  Estimated taxes have to be paid by tonight even though an extension gives you more time to file the Form 1040.

4. She does not have to wait.  Her mailed return can claim the child now.

5.Same as #3

This is more common than you may realize.  Divorced parent have these problems and sometimes struggle with whose "turn" it was to claim a child, etc.    When a dependent has been claimed on a tax return by one parent, the other parent who wants to claim the child will not be able to e-file.  And amending does not ever solve the e-filing problem.  It takes many months for the data to catch up in the system.  Since the child's SSN is in the system, the IRS will continue to reject any attempts to use the child's SSN on another return.  E-filing will close permanently by October 15, 2020 for 2019 returns. 

Given the backlog the IRS is experiencing, it is highly unlikely your amended return will be processed by the end of 2020.  The "16 weeks" you are seeing is the "normal" time--not the pandemic time.  Amended returns have to be mailed.  Mailed returns have been piled up in trailers for several months now.  The IRS is barely beginning to work on them.  

Advise your ex-spouse to mail her return.  Waiting for your amended return to be processed would be futile.