Hello all.
I'm pretty frustrated as I have experienced the exact same issue last tax year. I file my taxes pretty early, submit all necessary info via Turbo Tax, and file my return via eFile only for both the federal and state return only for it to get rejected about 10 minutes later. I attempt to fix the issues having to do with my dependents' social security numbers which I already know are correct. So come to find out my three kids (dependents) have already been claimed on my ex-husband's tax returns. He beats me to the punch filing his taxes and never communicates with me he's done so and he KNOWS he's not really supposed to. I find out after the fact. He did the same thing last year and I had to file my taxes via snail mail which causes a delay in receiving my refund.
Now this year, I'm forced to do the same thing. I warned my ex if he continues to file our children on his return without me having submitted an 8332 - child tax exemption, he could get audited by the IRS and have to pay the refund back plus interest. Well, it appears he hasn't gotten caught yet and despite the fact, I have full custody of our kids and they spend well over 80% of their time with me (many missed weekend visitations throughout the year on his end as well), he still has the gall to add ALL of them as dependents on his tax return so that he can get a bigger refund. He's remarried, has a stepson and 2 year-old child he already claims on his taxes too. I'm pretty furious, to say the least.
Is anybody else having this experience? What can be done besides just submitting my tax return through snail mail? Is there any way to prevent the non-custodial parent from being able to eFile unless an 8332 form has been submitted? The eFile system should cross-check for that and reject the non-custodial parent's tax return, so that custodial parents don't have to go through this hassle. I tried calling the IRS for two days and can't get a hold of anyone I can talk to about anything. Could I initiate an audit on him since he's done this for the 2nd tax year in a row? The only thing I found was that with my tax return, I need to submit an 886-H-DEP form (with supporting documents- birth records, school records, medical records, etc.) that I am the qualifying custodial parent. Why should I have to go through all of this while he doesn't have to prove ANYTHING before having his return automatically accepted? It states in our divorce decree that I will claim all three kids on our taxes unless I file an exemption! Sorry, I'm beyond tired of this and wish there was something more that could be done. If anyone has any other suggestions or knows tax law, I'd truly appreciate any feedback.
Thanks for reading!
