Mother claimed child when she wasn’t supposed to

[Bonusmomma]

Mother claimed child on taxes when she wasn’t supposed to. She is able to amend taxes February 16th but says we should not mail in our taxes. What should we do? Will we have enough time to E-file if she amends taxes? 

[VolvoGirl · Accepted solution]

No.  Even if she amends you will have to mail your return this year.  So you don't have to wait.  Go ahead and mail it now.

[Bonusmomma]

Thank you so much. I’ll make sure to do that tomorrow 

[Mike9241]

if the mother is the sole custodial parent, the tax laws say she has the right to claim the child. the tax laws do not recognize court orders due to separation or divorce - only custody.  that means if she's entitled to claim under the tax laws while the decree says you can claim them, if she doesn't amend, your only recourse is to go back to court. if you are not the custodial parent,  under the tax laws for you to claim the child she must provide you with form 8332 - custody agreement which must be included with your return even if she amends.