Help my ex wrongfully claimed my dependants

[CalebD]

Hello. 

• I have 3 children with a women that lived with me for a number of years . I am on the birth certificates and all. We spent the same number of days with the kids obviously and I made more money than her and I paid the majority of all the bills. Who had the right to claim the kids? We where both the custodial parents at the time where we not?

[Bsch4477]

There can only be one custodial parent and that is the one with whom the children spent the most nights if you are living apart. If you live together the custodial parent is the one with the greater AGI. 

[rjs]

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@CalebD wrote:
We spent the same number of days with the kids

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You didn't say when you stopped living together. If you and the mother did not live together for the entire year, the kids could not have spent exactly the same number of nights with each of you, because 2023 had an odd number of days. The kids had to have spent at least one night more with either you or the mother. Yes, the IRS is that picky.

[CalebD]

We lived together in 2019 and 2020 those are the years that I'm trying to get my taxes done for .She claimed the children even though I was making more money and had spent more within the year. She lived in a house that I owned and I gave her the majority of my money. I was a 1099 worker so I was eligible for the COVID  family medical leave credit as well which is a substantial amount of money being as I had to stay there with the children while she worked at Walmart and everybody was on lockdown. Which I can be credited my day's wages for many of those days that I was home with the children equating to a lot of money. However she knows that she fraudulently claimed all the children and she refuses to provide me with their social security numbers so I can have this corrected because she doesn't want to pay the money back. She even quit her job of 13 years . I guess she had enough with the taxes and stimulus for all the kids that she wanted to retire at 39. Meanwhile I lost my truck that we co signed on ,I was almost evicted from the landowner ,and starved the entire time. She bought a new car ,quit her job , became a alcoholic,got a two story apartment, and got married to a guy she met at a bar. Also went on vacation 5 times. We are talking over $30,000. And like $4000 in food a month or something ridiculous in stimulus with my three daughters and her oldest daughter. Funny thing is she wasn't entitled to claim them. We discussed before hand. 

[xmasbaby0]

You are giving us a lot of information that is unnecessary here to determine if you could claim the children. And you have not mentioned if you are both the bio-parents of the children---that is important.   First we can get 2019 out of the way, since it is too late to file a 2019 return and receive a refund.  Even if you could qualify for a 2019 refund, it has been forfeited because it is too late.

As for tax year 2020, if all of you were living together, then only one of you could claim the children as dependents on a tax return.    If you could not agree at the time, the IRS has some tie breaker rules that could help:

TIE BREAKER RULES

https://itap1.for.irs.gov/owda/0/resource/Commentary_Files_Redirect_ITA/en-US/help/tbrk09.html

You do not say if you filed a tax return for 2020.   If you did not file, you have until tomorrow--Friday, May 17, 2024 to file a 2020 tax return and still get a refund--or it will be too late and the refund will be forfeited--meaning the IRS will not pay it.  If you did file a 2020 return, then you can try amending it to claim the children and then wait for the IRS to sort out which one of you could claim them.  (That will take months).  

If you need to file an original 2020 return:

You cannot change the tax year.   The current online program is for 2023 only.   Only a 2023 return can be prepared online and only a 2023 return can be e-filed.

Online preparation and e-filing for 2020, 2021, and  2022 is permanently closed.

To file a return for a prior tax year

 If you need to prepare a return for 2020, 2021, or 2022  you can purchase and download desktop software to do it, then print, sign,  and mail the return(s)

https://turbotax.intuit.com/personal-taxes/past-years-products/

You may also want to explore purchasing the software from various retailers such as Amazon, Costco, Best Buy, Walmart, Sam’s, etc.

Remember to prepare your state return as well—if you live in a state that has a state income tax.

https://ttlc.intuit.com/community/state-taxes/help/how-do-i-contact-my-state-department-of-revenue/0... 

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.

Note:  The desktop software you need to prepare the prior year return must be installed/downloaded to a full PC or Mac.  It cannot be used on a mobile device.

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.

If you need to amend your 2020 return:

See this TurboTax support FAQ for amending a tax return - https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-change-correct-return-a...

Do not expect quick results from amending. It can take four months or more for the IRS to process an amended return.  

You can watch for information here:

https://www.irs.gov/Filing/Individuals/Amended-Returns-(Form-1040-X)/Wheres-My-Amended-Return-1

[Bsch4477]

If you lived together during the years that you are filing returns and you both are biological parents of the children the one with the higher AGI is entitled to claim the children. It’s too late to get a refund for 2019 and the last date to file to get a refund for 2020 is May 17,2024.