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Clover622
New Member

Daughters father claimed my daughter

My x and I have 45/55 physical, split legal. On paper it’s more like 65/35. My court agreement i have physical and we share legal. He claimed her last year. I cover her medical, she is registered at the school in with my address. I received a notice from the IRS. What happens next?  

4 Replies
rjs
Level 15
Level 15

Daughters father claimed my daughter

What does the notice from the IRS say? What happens next is that you respond to the notice. If it is asking for information or documents, you send them what they are asking for.


The tax law doesn't care what the court agreement says. The court can't override the tax law. Under the tax law, the custodial parent is the one that the child lived with for more nights during the year. That's all that matters. Only the custodial parent can claim the child as a dependent, unless the custodial parent gave the noncustodial parent a signed Form 8332 allowing the noncustodial parent to claim the child.


If the custodial parent releases the exemption to the noncustodial parent by signing Form 8332, there is a rule governing how the tax benefits associated with the child are split between the two parents. The noncustodial parent can claim the child as a dependent, and claim the child tax credit and an education credit if applicable. The custodial parent can still use the child for the Earned Income Credit (EIC), filing as head of household, and the child care credit.


If you got the IRS notice because you and your ex both claimed the same child, then your ex also got a notice. After you both respond to the notice, the IRS will determine which one of you is allowed to claim the child as a dependent. The one who is not allowed to claim her will have to pay additional tax plus interest and penalties.

casey0321
New Member

Daughters father claimed my daughter

what do i do if i accidentally filed my child as a dependent and its his fathers year to file? we usually switch off years and last year i forgot i filed him and i did my taxes and didnt realize until now that it's his turn. my returns have been accepted. would i need to fill out and mail a 1040x form now? also is there instructions on changing the dependent status? Or if I get notified that we both filed could I just say it's his year to file and they could fix it that way?

KarenM90
Level 11

Daughters father claimed my daughter

If you accidentally filed with your child as a dependent you should amend your return.  Amended tax return Form 1040x will be available on 2/12/20.  

 

Turbo Tax will walk you through the process to amend.  You only need to amend the section of your return that needs to be changed.  (Remove your dependent) The rest of the return will not be changed.

 

Please note that you will need to print and mail your amended tax return, as IRS does not accept e-filed amended returns.

 

Here is a link with more details on how to amend your return(s):  Amending your tax return.

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rjs
Level 15
Level 15

Daughters father claimed my daughter

@casey0321  For the child's father to claim the child, he will have to print his tax return and file it by mail. Even after you amend your tax return, the IRS files will not get updated to allow the father to e-file and claim the child.

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