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TanyaD1030
New Member

Dependents claimed fraudulently

I found out my ex wrongly claimed our children on his tax return (he filed before me and mine was rejected). He then received not only the child credit for 2020 but also the subsequent stimulus funds for them. I now learned he's also getting the child credit advance payments that are being distributed now.

 

How do I go about reporting this? I tried numerous times to contact the IRS and never can get someone on the phone. Any advice would be appreciated!

3 Replies
dchitiyo
Employee Tax Expert

Dependents claimed fraudulently

Hello Tanya,

In order to claim the children for 2020, you should file an amended tax return by mail and claim the children.

When you submit the tax return, you should include a covering letter that explains why the children should be claimed on your tax return. The IRS will then adjudicate your case and determine who has the right to claim the children.

You may find the links below useful in formulating your arguments to the IRS on why your ex-spouse should not be allowed to claim the children and in guiding you through the process.

https://www.eitc.irs.gov/tax-preparer-toolkit/frequently-asked-questions/divorced-and-separated-pare...

https://www.irs.gov/identity-theft-fraud-scams/identity-theft-dependents

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R-SchuleCPA
Employee Tax Expert

Dependents claimed fraudulently

The process will be long, but I believe the best way to proceed will be to Amend your 2020 tax return,  (regardless of initial denial) and claim your children as dependents. The key will be attaching evidence that supports entitlement. The easiest way would be a court order showing legal entitlement. Another possible way would be a child support statement showing support by ex is not enough to meet 50% support test, (assuming that is the case). As always Turbo Tax experts are here to help you.

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Mike9241
Level 15

Dependents claimed fraudulently

if your return was rejected you do not file an amended return. you must mail in an original return and claim your dependents.  while the IRS might look at the letter of explanation, since this is one-sided, it might well be ignored. what the IRS will then do is send a notice to both parties asking for an amended return. if neither do, then the IRS will next send a second notice asking for proof - such as a picture of their bedroom, school attendance records, medical bills, signed affidavits from your neighbors.  then the IRS chooses a winner based on what's submitted and the loser gets a bill.  since the IRS is so backlogged this could take many months.

 

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