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Returning Member


ok so i did my 2020 taxes for the first time ever. now i have full custody and placement of my two kids. when do the taxes which i wanted solely to get the stimulus check i forgot to claim both of my kids and i didnt receive the first two stimulus checks either. anyways the irs has already accepted my tax return and i received a check back for 1200.00 but i want to ammend my return to claim my dependants right?  however my ex husband somehow is claiming both my kids and not only already receivrd his stim check and tax returns he is gettign the monthly child advance credit check for the past 2 months on the 15th of these months and i have court order paperwork stating he is never allowed to claim the kids for tax returns ever. what should i do and how do i want to file this now as an ammended return or as a identity fraud return claim?? please help me!! thank you

2 Replies
Level 7


This is not identity theft. 


The parent with whom the child spent the most nights during the tax year claims the child.  If there was an equal number of nights, then the parent with the highest AGI claims the child.

If a child stayed with you the most number of nights then you can amend and claim the child or both in your case.   You will have to mail the amend and attach a letter explaining that the other parent claimed the children, but you were entitled to claim them.

Then the IRS will hold an examination to determine who is entitled to claim the children.  You will need to prove that they lived with you using school records, doctor records.  You can bring receipts for rent, clothing, and food.  

Try to get written statements from teachers, coaches, even your neighbors if they have first-hand knowledge of when the child is with you.

The IRS will not care about the paperwork saying he cannot claim.  As far as the IRS goes, he can claim if he is considered the custodial parent.  You can claim if you are considered the custodial parent.  The IRS will rule on that.

It will not happen quickly.  File the amend and letter and you will be contacted someday.  But the IRS has three years to conduct the examination and make their decision.

Level 15



Please keep your related questions in one thread instead of starting multiple threads about the same issue.   Starting multiple threads for the same question makes it confusing and hard to follow for the people who are trying to help you.


Your other thread:

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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