My fiancé claimed our son only after the state of ks confirmed last year he did not have any back arrears. This year the irs took his federal refund. Can I amend my taxes in order to claim my son

[Opus 17 · Accepted solution]

 Only if your fiancé also wants to file an amended return and pay back a lot of extra cash.  Your fiancé got the refund he claimed, it was just applied to some past debt.   Yeah he files it amended return, that is going to show him owing back any tax benefits he got from climbing the dependent so he will have to pay additional tax back to the IRS. 

[Hal_Al]

Simple answer: No.

The IRS will not accept your amended return, until they get an amended return from the other parent, taking the child off. What's not clear is whether they will send you any refund until they get the money back from the father

[nikki_redington]

The father did not receive any money due to the state of Kansas taking it even though the arrears are paid.

[Hal_Al]

As far as the IRS is concerned, he did "receive'' the money, because it went to pay his debts. If he disagrees that the debt was valid, he has to handle that with the state agency that got his money.