Hello, I am a single mother awarded majority timesharing and exclusive use of the jointly owned home in my divorce decree. The court order specifically states the mother is the custodial parent for all state and federal purposes. The parenting plan indicates the mother has 99% custody with restrictions imposed on father due to his substance abuse. I have exercised 100% custody of the children since the divorce as the father failed to meet the drug testing requirements for the few days awarded to him. In 2020, my taxes were rejected by e-file as someone claimed my dependents. My ex admitted to claiming our children without permission when I contacted him by text message. I paper filed and received my return (after a very long delay). In 2021, my ex called by phone and asked to claim two of the children and I refused. My taxes were rejected again by e-file as someone claimed my dependents. My ex admitted by phone call that he claimed the children again even though he understood that he did not have permission from me. I paper filed again and I am currently waiting for an outcome. I just received a letter from the IRS for the 2020 filing (almost a year later!) indicating that someone claimed the same dependents as me. I’m assuming it will take another year for them to contact me about the same issue for 2021! My question, how long will this process take to resolve the issue for BOTH years, as my ex will keep doing this until there is a consequence. Although I received my refund for 2020, I’m worried that my 2021 refund will be delayed even longer or perhaps frozen until this gets resolved, as I’m supposed to receive a significant amount and this is the second year this is occurring. In the meantime, the delays in processing my returns each year causes significant financial hardship for me when I did nothing wrong. Finally, what will the consequence be for my ex? Will he just get a slap on the wrist or will the IRS view this as fraud, which it is…as the court order and the timesharing is clear that I am HOH and am entitled to claim the children as my dependents and he admits to doing it without my permission.
