My Sister Filed for My Two Kids and Kept Stimulus ...
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Returning Member

My Sister Filed for My Two Kids and Kept Stimulus Check

Hi, I'm A Mother Of Three, I am the sole provider for my three kids and ave been since day one. I let my sister file for my kids and Then in Januray turbo tax was giving me an issue because I didn't know my AGI number. It was only in April when I figured out my AGI but by this time Coronavirus hit, to make a long story short my sister got an extra 1,000 from the check and even though she knew I was facing homelessness she literally kept the 1,000 dollars and does not intend on giving it to me, now with this next one coming up I really need to know what I can do because this stimulus check can change everything for me, in a good way. I don't have money for my phone bill or even internet at this time so I was wondering if anyone may have any advice as to how I can get my kids stimulus check since I AM THE ONE TAKING CARE OF THEM. She had the nerve to get mad and act like a victum calling me ungrateful?? It weird I haven't asked her for a penny of the income tax she got from my kids which was $5,107 dollars. PLUS shes a truck driver so she still is working as we speak. I just need help I feel f**ked over

2 Replies
Level 15

My Sister Filed for My Two Kids and Kept Stimulus Check

Do you all live with her?  She probably isn't qualified to claim your kids.  You can't just let someone claim your children.  They have to actually qualify as her dependents.   You should claim them all on your return.  You might want to amend your return to add them.   You might be able to get the Stimulus money for them when you file your 2020 return next year.  


Rules to claim a dependent

Level 15

My Sister Filed for My Two Kids and Kept Stimulus Check

In order for your sister to legally claim your children as dependents, two major criteria would need to be met.

1) The children lived in her household for the entire year- every single day.

2) Your sister provided more than half of their support for the entire year - every single day of it.

Now you can't just "let" someone else claim your kids. They actually have to qualify. I can see this possibility if you were not employed, or did not make enough money to have provided your own support for the entire year, or that of your children for the entire year. So if that's the case, then there's nothing illegal here and nothing you can do about it.

Also understand that it's your 2020 return, and *NOT* your 2019 or earlier return that will be the "FINAL" deciding factor on weather or not you get the stimulus for the children. So amending your 2019 tax return is an absolute waste of time and will definitely raise flags at the IRS with a high potential of both you and your sister being audited.

When you file your 2020 tax return next year, that return will be the "FINAL" deciding factor on weather you get the stimulus or not. So if you have the income in 2020 *AND* you actually supported your children (and not your sister) when you claim your children as dependents onyour 2020 tax return, you will get any stimulus payment you are due, then and not before.

As for your sister having to pay it back, that's not your problem or issue.


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