ex claimed my child

[Paulhassell336]

My ex has claimed our child despite them not having my written consent, I will be going to the courthouse tomorrow to get the paperwork that states I have sole custody, my question is can i still file and not claim my child to expedite some type of a return and later amend the incorrect child tax credit?

[xmasbaby0]

No way to expedite it if you claim the child.  But you can file on paper and mail your return that claims the child.  If your ex already claimed the child, your e-file will be rejected and you will not be able to e-file this year even if he amends his return.

If you decide to file now without claiming your child, you will need to amend later.   It takes the IRS four to six months----sometimes longer -- to process an amended return.

[TomK2023]

Yes, you can file your return without claiming your child as a dependent, and then amend it later.

Or you'll need to paper-file your return, as the IRS will continue to reject your attempts to e-file.

Then, if you know who claimed your dependent, ask them to amend their return by removing the dependent. Amendment processing can take weeks or even months, which is why it's best to paper-file your return in the meantime.

If the other taxpayer is uncooperative, the IRS will eventually contact both of you to figure out who gets to claim the dependent. The losing party will then be liable for any additional taxes, penalties, and/or interest as a result of the false claim.

[Paulhassell336]

I understand an amendment would take several months, however I do need the money sooner than later, if i file the amendment after I file not claiming my child, will i still get the refund based off not claiming my child, furthermore how long would it take for me to send in the paperwork proofing I am the only one with rights to claim our child and to receive the proper refund without having to file an amendment. I am just trying to figure out the best route to take.

[Cynthiad66]

Yes, you will receive the refund from the return not claiming the child.  Once you receive that refund, you will be able to file the amended return.  The amended return will take a few months to process because of evaluating the documentation and contacting the other parent.

You can amend for FREE using TurboTax.  To amend your return log in to your account and select “Amend a return that was filed and accepted."

@Paulhassell336 

[Mike9241]

a paper return may take 4 to 6 weeks to process. also without claiming a dependent, assuming you usually file as head of household, you won't be able to use that filing status. it will have to be single which likely translates into a smaller initial refund.  when going from not claiming a child to claiming a child an amended return is mandatory.  if your ex doesn't voluntarily amend, then after a while, both parties get notices asking them to amend regarding claiming the child. if your ex doesn't do it with the first request, the IRS sends a second request asking for proof of eligibility to claim dependent. That's when you send in the documentation requested to prove you're the one that's entitled to claim.