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aetraylor
Level 1

Ex Husband incorrectly claimed both dependents and it's affecting my return.

My ex husband mistakenly claimed both of our children on his return. I tried to go ahead and file with one of them, but my return was rejected. He states he submitted an amendment, but hasn't heard anything about it. If I fix my return and remove my daughter, I'll owe the IRS. If I am able to claim her and head of household, I'll get a refund. 

 

Do I need to go ahead and file with owing the IRS and then submit an amendment of my own? 

 

thanks!

3 Replies
Texas Roger
Level 15

Ex Husband incorrectly claimed both dependents and it's affecting my return.

Leave your daughter on your return and print and mail it. If you efile it without your daughter to get it accepted, you must pay what you owe now and then the amended return with your daughter included to get a refund will take many months to get processed. 

xmasbaby0
Level 15

Ex Husband incorrectly claimed both dependents and it's affecting my return.

Waiting for your ex's amended return is pointless.  Amended returns take months, so if you are claiming a child put on his tax return, you have to print, sign and mail your own return. You cannot e-file.   If you are the one who can claim the child, then claim her and mail your return.

 

 

 

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
macuser_22
Level 15

Ex Husband incorrectly claimed both dependents and it's affecting my return.

1)  An amended return takes 4-6 months to process.

 

2) A amended return does not ever reset the IRS e-file SSN database.  Once a SSN is used then another return with the same SSN CANNOT be e-filed in the same tax year.  The IRS never resets it because of ID theft.

 

Your only option is to mail file.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
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