Divorced with 2 dependents

[JenniferLeigh77]

I have a court order that says my ex husband (non custodial parent) can claim both the kids. He has literally not paid $1 towards the kids in the past 10 mth as they live with me full time. 

My question is does the IRS rules of residency and who actually pays for the children’s welfare grant me the ability to claim my children or do I adhere to the court order? 

[DoninGA]

The IRS does not care about family court orders.  If the child lived with you for over 6 months during the year then you are the custodial parent for income tax purposes and can claim the children on your tax return.

Your issue will be with the court so you should speak with your attorney concerning this problem.

[JenniferLeigh77]

I went to file and apparently my ex already filed. My filing was not excepted. Can I contact the IRS to prove the residency for my children? School records etc?  It is legal for him to just file without a 8332 Form? Do I have any rights to contact the IRS as my lawyer did the best he could with this bias judge. Going back to court at this time is not possible. 

[DoninGA]

You file your tax return and include the children as dependents.  If you are due a tax refund on your return the IRS will pay the refund.

You will have to print and mail the return if the your ex already e-filed with the dependents on their return and the IRS accepted the tax return.

See this TurboTax support FAQ for how to print and mail a tax return when using the online editions - https://ttlc.intuit.com/turbotax-support/en-us/help-article/printers-printing/print-mail-return-turb...

Within a year the IRS will be mailing both you and the ex a letter to investigate who was entitled to claim the children as dependents on the tax return.  The loser of the investigation will have to pay back any tax refund based on the dependents along with penalties and interest.

[TomK2023]

You'll need to paper-file your return, as the IRS will continue to reject your attempts to e-file.

Then, if you know who claimed your dependent, ask them to amend their return by removing the dependent. Amendment processing can take weeks or even months, which is why it's best to paper-file your return in the meantime.

If the other taxpayer is uncooperative, the IRS will eventually contact both of you (by letter) to figure out who gets to claim the dependent. The losing party will then be liable for any additional taxes, penalties, and/or interest as a result of the false claim.

TurboTax FAQ: What if somebody already claimed my dependent?