My son's father keeps claiming him on his taxes without my permission, what can I do??

[mizzmommii]

My son's father has claimed him for the last 2 years without my permission. I want to figure out how I can make sure it doesn't happen again this year. My son lives with me, I support him and take care of him. His father pays support but has no involvement in my son's life. I am the one who gets him to and from the doctors, I make sure that he has food and clean clothes. I make sure he gets to and from school. I would really like to find a way to prevent his father from claiming him.

[bluedeb · Accepted solution]

You should still claim your son since you have the right.  The person who e-files first with your son will not get rejected, if he e-files first then you should still claim your son & you would have to mail in your return. 

What if someone else already claimed my dependent

https://ttlc.intuit.com/questions/1899162-what-should-i-do-if-somebody-else-already-claimed-my-depen...

If you have the right to claim a dependent claimed by someone else, then you must print and mail your return.

• The IRS will process your return and pay your refund if you are entitled to one.
• Later, they will contact you and the other taxpayer to determine who is entitled to claim the dependent. (The IRS is not allowed to tell you the identity of the other filer.)
• The taxpayer who incorrectly claimed the dependent will be assessed any additional taxes and penalties, and required to file an amended return

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Since you have the right to claim your son you can amend your last two returns to claim him.  Once the IRS receives your amended return they will contact both of you to see who had the right to claim him.  If they process your return your son's father would have to pay back any refund he received with interest & a penalty. 

How to Amend (Change or Correct) a Return You Already Filed

https://ttlc.intuit.com/questions/1894381-how-to-amend-change-or-correct-a-return-you-already-filed

[bluedeb · Accepted solution]

Amended returns must be mailed & you should mail each amended return in a separate envelope.

[Taise2]

Same here next year he can kiss my son social security and say goodbye 👋