@halfbreed1981 wrote:
we live together. The stimulus check shouldnt affect my 2019 taxes
If you and the mother are married, then you should have been filing as "married filing jointly" and your spouse is NOT a non-filer.
If you are not married, and the mother does not work, then, by claiming your child, she may have indeed invalidated your stimulus claim and ability to e-file. The stimulus payment is technically an advance on a new credit that will be added to the 2020 tax return. The IRS will use your 2019 or 2018 information to estimate the payment so taxpayers get it now, but the actual amount you are owed will be calculated on your 2020 tax return. Then, if you are owed more than you got, you will get the difference added to your 2020 refund. (If you are paid now more than you calculate on your 2020 return, you don't have to repay the excess.)
If your partner has indicated that the child is her dependent as a non-filer, then you could be blocked from claiming the dependent. You can print your return and mail it, but it is now possible that the IRS will claw back the payment from your partner, or disallow you from claiming the child as a dependent.
When two parents live together unmarried and share custody of their biological child, one parent lists the child as a dependent on their tax return and the other parent needs to be completely hands-off. Your partner screwed up by claiming the child as a non-filer when you were planning (and have in the past) claimed your child as a dependent.
If you are lucky, and the IRS is sloppy, you and your partner will each get a $1700 stimulus payment and you won't have to pay it back. But you are only supposed to get one payment for the dependent, so if the IRS catches up to what you have done, your maximum stimulus payment should be $1200 for your partner and $1700 for you.
