Ex claimed EITC on one child even though the child lived with me for the whole year, how to proceed?

[dostic]

So my tax return was rejected, I have 2 children and they both live with me, but when we got divorced I told her she could claim one of them. That's how I set up my return at least but apparently she's claimed my daughter for the EITC even though the children were not with her.

Would I be better off taking my daughter off of my return or filing a paper return? It's about an 1800 dollar difference for me, and I don't care if she has to pay back what she will end up owing,

[Texas Roger · Accepted solution]

Print and mail your return claiming both children for the custodial parent child tax benefits which include HOH filing status, EITC and child and dependent care credit. 

Advise your ex that you are filing the correct way and suggest that she amend her return to indicate the child did not live with her more than half the year. If she doesn't amend her return, you will both get letters from the IRS later in the year requesting documentation to prove what you claimed on your tax returns. . 

[dostic]

Do you know what I would need to prove their primary residence? Her school records come here, the divorce decree has their address listed here as well, would there be anything else needed?

[Texas Roger]

It's hard to day. School records would be good.