Dependents

[airwar1966]

A court order allows me to claim my daughter as a dependent each year, and I have done so, however, this year my ex claimed her first (she e-filed early) and now Turbo Tax will not allow me to claim our child.  Should I fill out a paper tax return so I can claim her (and then deal with the IRS when they ask us both for the court order or paperwork dictating who can claim our child)?  I also always purchase Tax Audit Defense but am unsure how to if I do not e-file?  Please help, all input appreciated.

[xmasbaby0]

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected.  Print, sign and mail your own return which claims your dependent.  Mailed returns are processed differently by the IRS.  It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent.  The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

[airwar1966]

Thank you, xmasbaby0, I really appreciate that you took the time to address my concerns.  I am doing as you and others have suggested.  Cheers.

[Hal_Al]

 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit (EIC), Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the dependency to him.  So, it may only be that the ex has claimed those and not the dependent/child tax credit.  The court order you have does not and can not grant you those items.  Be sure you're not trying to claim them (particularly the EIC).

Also be advised that the IRS doesn't care about your court order and will not honor it.  So, even if she has claimed the dependent/child tax credit, the IRS isn't going to help you.  Your only remedy is to take her back to court for sanctions. 

See a longer discussion at https://ttlc.intuit.com/community/after-you-file/discussion/my-ex-claimed-our-child-but-our-court-or...