Separated from wife-

[KenHanners]

Who would I contact- to stop wife from claiming child- that I have custody.??

[SteamTrain]

Can't stop her.

Whichever tax return is accepted by the IRS first will get the kid.....at least at the start.

If other spouse files first, and falsely claims the kid, then you will have to paper-file thru the mail, and eventually, the IRS will mail both parties asking them to prove their claim.  Keep any records about child that might prove the child lived with you.  School records, Dr visits/bills, mail/emails between you and spouse...anything showing you had the child. 

[xmasbaby0 · Accepted solution]

If the non-custodial parent (or anyone else) claims your child and files first, you will be unable to e-file your return claiming the child.  If your e-file is rejected due to duplicate use of your child's SSN, you have to file by mail.  Then the IRS processes your return and later they sort out the duplicate use of the SSN.  If someone who should not have claimed the child did so and receives child-related credits for claiming the child, they have to re-pay the IRS.   

It might be too late for this tax year, but you can get an IP PIN (it is a 6 digit number) to use for your child to prevent anyone from claiming your child.

If your Social Security number is compromised and you know or suspect you are a victim of tax-related identity theft, take these additional steps:

• Respond immediately to any IRS notice; call the number provided.
• Complete IRS Form 14039, Identity Theft Affidavit. Then print and mail or fax according to the instructions. 
• Continue to pay your taxes and file your tax return, even if you must do so by paper.

6-digit IP NUMBER FROM IRS

https://content.govdelivery.com/accounts/USIRS/bulletins/2af48f0?reqfrom=share

to get you new PIN from the IRS

- https://www.irs.gov/identity-theft-fraud-scams/retrieve-your-ip-pin

All of that being said......is there a signed agreement -- Form 8332 -- between you and the other parent?

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

[Vanessa A]

There is no one that you would technically contact to stop your wife from claiming your child.  Basically, what it comes down to is who did the child live with for more than 6 months out of the year.  If they lived with you, then you will just need to file your return and include them on your return.  If your wife happens to file first and claim them first, you will need to mail in your return and the IRS will use the Tie Breaker Rules to determine who gets to claim them.  

This will make it take longer to process your return, as the IRS will then reach out to both of you to determine who is "telling the truth" and who gets to claim them. So if you do end up needing to mail the return, you may want to include a letter stating attachment to return with a copy of your custody agreement or proof that the child has lived with your over 6 months during the year such as school enrollment, daycare, etc.  This may or may not help speed up the process, as they may or may not pay attention and send you a letter requesting proof anyways. 

If in the end, your wife erroneously claimed them, then your return will be processed with the child on the return and your wife would have to pay back any refund she received that she was not entitled to. 

[rjs]

I assume there are lawyers involved in the separation or the custody agreement. You could try asking your lawyer to contact your wife's lawyer to try to head off any problems. Maybe it will discourage her from trying to claim the child if she knows the issue has been raised, or if her lawyer explains to her what would happen if she claims the child. But the lawyers cannot prevent her from claiming the child if she's determined to make trouble.

[KenHanners]

Thank you- saying I could get a IP number is helpful.

[JohnB5677]

You file a tax return prior to your wife , even if its incomplete.

• The default will be that you can claim the child.  
• You will then have to amend your tax return when you have all of your documentation.
• If she did file her return including the child after you filed, her electronic filing would be rejected.
  • She would have to take the child off to electronically file, or
  • She would have to file by mail.
• If she did file by mail including the child, both returns would be held up, and both of you would have to explain to the IRS what the circumstances were.