Can I amend my taxes if my ex never filed 8332 & IRS processed his returns anyway?

[rosepetal1986]

So, my ex has been filing with my daughter on his tax return since we divorced. I checked the box yes, we had an agreement, because in years past, I thought since our divorce order said so, I had to let him. But he doesn't follow it. He gets high, is intentionally homeless, has obviously never taken our kids in all of these years. He got her stimulus & blew it. He's about to get her ctc (trying to change that in the portal), & he's received her child tax credit for the last 3 years already. I'm wondering, since I never signed form 8332, just clicked a box on turbotax that said we have an agreement, am I able to amend my taxes to get the child tax credit for these 3 years? Or am I out of luck. I know IRS rules say he never qualified to get her taxes in the first place, so I would think since he received them without my signed consent & in violation of IRS requirements (he didn't live with her at all, didn't provide half her support, etc), I would be able to. Technically the IRS shouldn't have given him anything without that form anyway as far as I understand, but oh well. Understandably understaffed? Or am I just wrong?

[macuser_22]

If you or a dependent that you are entitled to claim has already been claimed by another taxpayer, your e-filed return will reject since the SSN has already been used (either intentionally or in error such as a mistyped SSN).

Your only recourse is to file a correct tax return, claiming what you are entitled to claim, then print and mail the return.

The IRS will process both returns and pay any refunds. Shortly (within a year) the IRS will mail letters to both taxpayers asking if their tax return was filed in error and suggesting that they amend if they improperly claimed.

If neither taxpayer amends, the IRS will send a second letter asking for each taxpayers proof that they are entitled to the claim.

The IRS will evaluate each taxpayers claim and award the credit to one taxpayer, the other will have to payback any refund received plus interest and possible penalties.

Do not ignore the letters or you will loose.