If the other parent is using my address and maybe claim head of household and has not lived at my residence for a couple of years is this tax fraud and what can I do? Also the stimulus check came here that's how I found out and I sent it back to the IRS writing the person does not live here and have not lived here in years
We do not know if any tax fraud has been committed. You say the other parent has not lived there for "a couple of years." If the IRS used the person's 2018 tax return, that may explain the address they used for the stimulus check, since they are using either 2018 or 2019 returns to issue those checks. Would the address have been correct for a 2018 return? And "maybe claim head of household"--- are you the custodial parent? Has something filed by the other parent interfered with your ability to e-file your own tax return or with claiming your children as dependents?
I am the custodial parent and I have sole legal sole physical custody of a child, the other party did file taxes for 2019 but lied and use my address and also maybe claiming head of household where I live.our child has never once stayed over his house,a he may have seen her three to four times from last year until now. IoI my house and that person has not been here for a couple of years. He has his own residence and also put a photo ID in my address without asking me, so he can use it for IRS. 2018 he was not living at my address either and when updating the photo ID he failed to use his proper address and used mine. The stimulus check came here not too long ago that's how I found out he's using my address and I sent it back to the IRS stating he has not lived here for a couple of years. He did try to file 2019 and claim my child but I filed first and he called me yelling that's how I know. But I didn't know that he was using and claiming my address which means he has to claim head of household to claim her and get all the tax credits. I just do not want him to be able to use my address and falsifying info. What can I do?
https://ttlc.intuit.com/questions/1900655-what-to-do-if-you-suspect-tax-related-identity-theft
Sounds like you filed in time to prevent a problem for yourself for the 2019 return. If the other parent tried to file and claim your child his e-file would have been rejected. If there is ever a time when he filed first and your own return is rejected because he used the child's SSN, then print, sign and mail your own return claiming your child. The IRS will sort it out---and if he received a refund he should not have received he will have to pay it back with penalties.
Do be aware of this though----do you have any signed agreement with him regarding custody? You did not mention if you are divorced or "never married."
Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?
If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit + education credits if the child is a full-time college student. The non-custodial parent gets the child tax credit for children under the age of 17.
As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.