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Level 2
posted Feb 22, 2025 4:03:52 PM

How to complain about birth mom fraudulently claiming my adopted child?

I adopted my child from the foster care system.  The IRS rejected my e-file because someone else claimed my child as a dependent.  The same thing happened last year, and I had to file my return on paper.  I strongly suspect it is the child’s birth mother causing this.  This is not an honest mistake, it is deliberate fraud.  The child has not lived with her since 2018, and her parental rights were terminated in 2021.  The child’s previous foster parents also complained about her fraudulently claiming dependents.  So I believe the birth mom has been doing this every year since 2019.  

I wrote a letter to the IRS about this last year, so I am surprised it happened again this year.  So I am not sure the IRS cares at all.  I suppose eventually they may get around to auditing me.  Yes, I know I can get an identity protection PIN, or I know I could change my child’s SSN.  But I would like to see some law enforcement now.  Is there a way I can press charges?  What is the most effective way to make a complaint that will lead to an investigation and enforcement?

0 2 3915
2 Replies
Level 15
Feb 22, 2025 4:13:11 PM

This is a tax site and doesn’t give legal advice. If your return was rejected because someone claimed your child mail your return and the IRS will sort it out. 

Level 15
Feb 22, 2025 4:13:35 PM

Not sure if you have already done these things--

 

https://ttlc.intuit.com/questions/1900655-what-to-do-if-you-suspect-tax-related-identity-theft

 

 

Most important) Follow the IRS procedures for reporting a fraudulent return, documented here: www.irs.gov/uac/Taxpayer-Guide-to-Identity-Theft

 

IRS INFORMATION REFERRAL TO REPORT VIOLATION OF TAX LAW

https://www.irs.gov/pub/irs-pdf/f3949a.pdf

 

Clearly you already know to paper file and get an IP PIN.   Sorry this keeps happening to you.