IsabellaG
Employee Tax Expert

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If you file an amended return to claim your children but your ex has already claimed one or both of them, the IRS will examine both returns to determine who can rightfully claim the children. If you are the custodial parent, meaning that the children lived with you for more than half the year, and you didn't sign a Form 8332 or similar document relinquishing the exemptions to your ex, then you will be allowed to claim them and they will be disallowed on his return. This will not happen overnight. Amended returns take up to 16 weeks to process, and that's without another related tax return. 

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