Child tax identity theft

[Tdub2]

I suspect my ex claimed our children without permission or legal reason. Did not have them for 3 yrs no court order. No forms signed. Since then we’ve had custody trials giving him child tax credit rights for years moving forward - not the year he claimed. I filed identity theft because he said he did not claim them however their socials were flagged when i filed as already claimed. It’s taken months and I haven’t heard from irs. I paper filed and claimed identity theft on them all from irs advice since I did not know for sure who claimed them. My question is now the the has a court order stating he gets to claim them (does not meet residency requirements) will he be allowed to claim them when he is found guilty of claiming them fraudulently previous years? He has not asked me to sign the correct form to claim them. I’m curious what will happen to him- his taxes and ability to claim them for future years since he had no rights in previous years. Will there be any consequences?

[Bsch4477]

If he fraudulently claimed them he would be subject to penalty and interest charges but could claim them in the future if entitled to do so. 

[AbrahamT]

As Bsch4477 said,  it's possible that your ex would be subject to penalties for claiming the children when he wasn't entitled to in the previous years.

However, going forward, as long as he gives you, the custodial parent, the form 8332 to sign,  which gives the noncustodial parent, namely: your ex, the right to file the dependency exemption, he should be entitled to claim the exemption.

I don't see anywhere in the IRS codes or tax laws indicating that this affect him negatively in his future tax filings if he follows the proper guidelines subject to court / IRS rulings.