How do I find out if someone has used my dependent on their income taxes,

[CatinaT1]

When did you separate?  Did the children spend any time with him during 2019?

[Hal_Al]

"I  can't file taxes cause I was a stay at home mom until we separated."

When did you start working and how much money did you earn in 2019?

The money you hear about people getting for just filing a tax return claiming kids requires them to  have some earned income (wages or self employment). Without earned income, they are not eligible for the "refundable" Earned Income Credit (EIC) or Additional Child Tax Credit.  Both credits are calculated on the amount of earned income you have. No earned income means no "refund". A small amount of earned income means a small refund. The child tax credit does not "kick in" unless you have at least $2500 of earned income. People using Married Filing Separately (MFS) status can not get any EIC.

"I  was told by a legal representation .... he can't claim them on his taxes". That depends on when you separated. Did the legal rep also tell you if you are still legally married, you can still file a joint return (MFJ) and that is the best way to file.

As stated in the answers above, there is NO WAY to finding out if he already filed the kids, other than asking him.

[Kieromishijos420]

How do I find out if someone else claimed my dependent on their taxes

[CatinaT1]

You usually don't find out until your return is rejected because the social security number has already been used.

[Hal_Al]

@Kieromishijos420  - Read the full thread, particularly the first reply on page 1.

[Stace]

So if I e-file with TurboTax, and it shows the file as “accepted”, has it in fact been accepted? Or, can it be rejected later ? I filed on 01/26 and shows accepted as of 01/27 and I’m yet to have received the federal refund of notification that it’s on the way. I’ve already received state. I am worried that her absentee dad may have tried to claim her even though he doesn’t support her in anyway. 

[RobertG]

Did you claim the Earned Income Tax Credit or the Additional Child Tax Credit?

Taxpayers who claim the Earned Income Tax Credit or the Additional Child Tax Credit may experience a refund hold.

According to the Protecting Americans from Tax Hikes (PATH) Act, the IRS cannot issue these refunds before mid-February.

The IRS expects the first EITC/ACTC related refunds to be available in taxpayer bank accounts or on debit cards by the first week of March, if they chose direct deposit and there are no other issues with their tax return. Check Where’s My Refund for your personalized refund date.

One of the reasons for the PATH act is to give the IRS sufficient time to check to see if dependents are claimed on multiple returns.

@Stace

[Jwquarles]

There is claim she filed but you can't file if you don't work.  Right!!

[Hal_Al]

@Jwquarles  - She can file and claim the kids without working.  But she will not get any money ("refundable credits) for doing so. But that can  hinder your ability to file.

Repeating what's already been said:

1. If somebody claimed your kid, you have to file a paper return to submit a competing claim. The IRS will sort it out.  H

2. If you are the non custodial parent, you claim not claim the kid, without the custodial parent's permission. even if she doesn't work.

3. A child can be the “qualifying child” dependent of any close relative in the household. If the mother lives with her parents, they can claim the kid before you can

[luis7808]

If my dependent Is claimed by my ex the irs will still give us both our refunds and then decide on who gets to keep it and who get penalized and has to pay it back? Is this true? I mailed my return in because the efile was rejected but I know I'm entitled to claiming  my son due to the tiebreaker rules. I was under the impression that it would be 8 to 10 months before I see my return. According to a previous post to the question this isn't the case.

[ThomasM125]

Your refund would be adjusted if someone else filed before you and claimed your dependent. You will need to protest that adjustment to get the matter straightened out. Once it was determined that you are entitled to the dependent, you would be refunded the amount that was adjusted, but that may take some time.

[luis7808]

Do you know the refund time frame in that situation were I had to mail in my return because me efile was rejected due to dependent already being claimed on my ex taxes?

[xmasbaby0]

Mailed returns typically take longer--about 6-8 weeks.  Wait about 4 weeks after mailing your return and you can check it on the IRS site.

You need your filing status, your Social Security number and the exact amount  (line 20 of your Form 1040) of your federal refund to track your Federal refund:   

https://www.irs.gov/refunds

If you mail your federal you also have to mail your state.  State goes to a different address.

To track your state refund:    

https://ttlc.intuit.com/questions/1899433-how-do-i-track-my-state-refund

[luis7808]

Are you sure the mailed in return is processed and refund sent in the normal time frame 4 to 8 weeks? Theres no delay when the dependent has already been claimed?

[KrisD15]

We can make assumptions, but the IRS does what the IRS wants to do. 

You could always e-file without the dependent, and then mail in an amended return claiming the dependent.

That way the original return will process faster, but the amended return will take some time and if you have credits based on that dependent, you might not want to wait on the amended return. 

If someone else claimed your dependent, you can't e-file, but the IRS won't "not process" your mailed return. 

It will be processed, and then the IRS will notify both you and the other person, ask for details, and make a final judgement.