Admendment

No you don't have to wait for him.  You will have to print and mail your return to claim her even if he amends.  Amending won't clear her ssn from the IRS database.  Once a ssn has been claimed you can't efile it again.

No---waiting will not help you.  The only way you can file now is by mail.  Print, sign and mail your own return that claims your child.  Your ex will need to amend, but he will be lucky if that has been accomplished by Halloween.

 

Your own mailed return will take much longer for processing--sorry---so prepare for a wait.  Make sure you use a mailing service so that you can track it and you will know the IRS received the envelope..

 

 

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

Even with mailing it in, will I be able to claim her since her Ssn is on her dads already accepted return? 

or does it not process until he has sent the amendment in?  
will he then have to return the money he got for her? Or do they not send out his return 

@Maycee23 Claim your child.   The IRS will process your mailed return.  Do not wait for your ex to sort out his mistake.    You do not need to worry what will happen with his return----but ----if he receives child-related credits as a result of claiming her, yes, he will owe them back when he amends.  

The father of your child will have to amend his tax return, take off the dependent and resubmit to IRS. You will then have to add your dependent if qualified and the other person will have to delete the dependent before you do your taxes, because the IRS will not allow for the same SSN on two returns for dependents. On 02/23/2023 he will be able to amend if he filed with TurboTax the form will be available then 1040X.

 

If you forgot to add something like dependent information, a deduction you qualify for, or even used the wrong filing status it can have a significant impact to your tax bottom line (your refund increase/decrease or amount due). Some info doesn't make a difference monetarily, but can still be something the IRS or state needs corrected. Your best bet is to correct (amend) the information and send it back to the IRS or state.

 

 

If the father of your child wants to change or correct some info on his tax return after he filed it, he may need to amend his return. Here are some things to know before he begins:

• You have three years from the date you filed your return or two years after you paid the tax due (whichever is later) to file an amendment
• Make sure you really need to amend
• Wait until your return has been accepted (or mailed if paper-filing)
• Use the same TurboTax account you used to file your original return
• Once you begin your amendment, you'll see your original return. Only make changes to the areas of your return that need amending. The refund calculator will start new at $0 and only reflect the changes in the refund or tax due
• Any changes you make to amend your federal return will automatically be transferred over to your state return

 

Select your product below and follow the instructions.

TurboTax Online

TurboTax CD/Download

If you want to track the status of your amended return, use the IRS Where's My Amended Return? tracking tool. Allow at least 16 weeks for the IRS to process your amended return.

 

If you are not feeling sure whether to amend, this IRS Tool may help you decide.

Claiming a child as a dependent when parents are divorced, separated or live apart.

@Maycee23

It’s kind of a mess. He would have to wait until his tax liability is settled and then amend his return which will take 6-9 months to process. You will have to mail your return with an explanation that you can claim your dependent and that he is amending his return accordingly. 

An easier way is for you not to claim the child this year.  You could claim the child in the next 2 years to compensate if you do the dependency on alternate years. Or he could pay you for the amount you are losing by not claiming the dependency this year. 

Also keep in mind that if you are the custodial parent even if he claims the dependency you can still on your return claim the EIC and child care credit as well as file as Head of Household if otherwise qualified. In addition, if you are the custodial parent you would have to give him permission to claim the child by giving him a signed form 8332.