Custodial parent who could not file taxes now can't get stimulus for her because ex filed her on his taxes without my permission

[Momneedshelp911]

I have full custody of my daughter and have not made enough money to file taxes 2018 or 2019 therefore did not file taxes, the non custodial parent filed our daughter without my permission and is going to be able to get her stimulus too. How is this possible if I didnt allow it and since im full time custodian. He still owes arrears over 1000$ too . I do not want to get him in trouble with irs but the stimulus is the last draw

[NCperson]

did you file as a non-flier? 

my suggestion is to complete that registration, PRINT IT, and mail it in with the explanation you provided here.

The IRS will figure it out. 

https://www.freefilefillableforms.com/#/fd/EconomicImpactPayment

I assume the child is under 17, otherwise there is no stimulus.

[Momneedshelp911]

I filed the nonfilers and they emailed me back and told me that my daughter's SSN had already been used, so I resubmitted it without her on it. She I only a year and a half old, the non custodial parent only had joint custody two months last year and I gained full custody of her. Also curious about the arrears he owes will it be taken out of any of his taxes since he owes quite a bit

[Momneedshelp911]

Forgot to mention I've already received confirmation that my stimulus check is being mailed on may 5th. If I redo the form including my daughter will this not delay things?

[NCperson]

@Momneedshelp911 

if the other parent owes back child support, they will not get the stimulus.  that is the one situation where the IRS is able to withhold the money.  Presumably it will get passed on to you.  So it may work out in a long about way. 

i wouldn't redo the form at this time.  it would have to be an amendment and not sure the IRS is accepting amendments for this situation since it can be resolved on 2020 income tax form, which you may have to file. 

[Momneedshelp911]

Ok sounds good, thank you very much, I will try to post if the arrears is received and what else happens for anyone who may have similar problem to see the outcome

[Momneedshelp911]

How do i go back and print the non filers form I completed? Yes she is 20 months old and I received my stimulus for myself already, when I tried to origanlly fill out the form it came back that I could not add her social security number since she had already been filed for on taxes by someone this year. that's when I realized he used her on his taxes this year. I also asked him after that and he informed me he had filed her. I tried to get him to just give me the stimulus he received on her but he has not, so I tried to be nice about it and not get him in trouble but I only want to be fair and since I have her full time and he doesn't even see her at all or even asks to see her, I would never keep her from him, I feel it's rightfully mine to get. Thanks so much for your help

[Carl]

Hopefully, this will "cut through the chase".

Your stimulus payment is based on y our 2020 (twenty twenty) filing status. Now there's no way the IRS can know what that status will be until you file your 2020 return next year. Presently, the IRS has been using 2018 and 2019 tax returns as a guide so they can get the money out quicker.

So when folks file their 2020 tax return, that's when everyone will have to "ante up". So if you claim the dependent on your 2020 tax return that means the IRS owes you $500 and they'll pay it at that time. Either by reducing your tax liability or increasing your refund.

If someone claimed a dependent on their 2019 tax return (weather they qualified or not) that means they got the extra $500 for the dependent. So when they file the 2020 return and do not claim the dependent, they will have to pay the $500 back to the IRS at that time.

In  your case, when you claim the dependent on your 2020 tax return, you will get the additional $500 for that dependent "at that time" and not before.

So the non-custodial parent is going to lose all the way around in the end.