Just found out my exwife filed our children even though they lived with me and i supported them for 9 months..what can i do?

[almasoul01]

Please tell me what to do..

[AnthonyC · Accepted solution]

First, verify that you are entitled to claim the child as a dependent using the information at the bottom of this answer.

If so, the only way forward is for you to claim your dependent on your return like normal, but you will need to paper file your return.  The dependent's SSN will be locked in the e-file system, so you will not be able to e-file.  The IRS will then pay the refunds associated with both returns, but they will pursue collections against one party.  They will send letters to both parties to explain the situation and the IRS will make the determination as to who is ultimately entitled to the exemption.

A person claimed as a dependent must be:

• Unmarried (or if married, does not file a joint return unless only to claim a refund)
• A U.S. Citizen, resident alien or national or a resident of Canada or Mexico
• Either a qualifying child or a qualifying relative 

To be a qualifying child, a child must:

1. Be the taxpayer’s child, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, or descendant of any of them
2. Be (a) younger than the taxpayer and either under age 19 or a full-time student under age 24 or (b) any age if totally and permanently disabled
3. Live with the taxpayer more than half the year
4. Not provide more than half of his own support
5. Not file a joint return (unless file only to claim a refund)
6. Not be a qualified child of another taxpayer 

For a further discussion of the dependency rules, you can see more information at these links Rules for Claiming a Dependent on Your Tax Return and IRS Publication 501 (starts at page 11).