How can I report someone else claiming my child?

[Ann1626]

Her name is crystal shivers and she is file in some one else child she doesn't have any kids

[xmasbaby0]

@Ann1626 

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected.  Print, sign and mail your own return which claims your dependent.  Mailed returns are processed differently by the IRS.  It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent.  The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

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.

[NENDZA3]

My ex husband i just found out has claimes both my daughters for this tax season and is gettinf rhe stimulis checks for rhem and rhe new child tax credit. I have court papers proof of residency and all school and medical records that prove 24/7 my kids are with me and he isnt allowes ever to claim them. To top it off he lives in a completely different state than we do. How or what do i need to do to report this and file so my kids and i are allowed to receive this finacial help as wr have takes a huge finacial loss from covid as well and i thought we could bounce back with these stimulus money that i now know we arent getting bevause. Of him which he admitted stupidly he was getting . 

[xmasbaby0]

@NENDZA3 As several replies in this thread already tell you, when someone else claims your child and files a tax return first, then you have to print, sign and mail your own tax return that claims your children.   The IRS will process your return and you will get the child-related credits for claiming the dependents.   The IRS will then sort out who can rightfully claim the children and will send letters to both of you.   You will be able to show the IRS that the children live with you.   Your "ex" will face fines and repayment of any refunds and/or stimulus money that he was not entitled to receive.

You cannot e-file your 2020 return.   Print it, sign it and date it in ink and mail it.

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.

[NENDZA3]

aghh but there is a twist to this tale....i alrwdy did do my taxes initially i forgot to claim my kids as dependants and now that my ex husband has stolen theri information and claimed them and has been collecting do i still file an ammended return or a tax fraud identity form? also if i sent my ammended return in with all the documents needed to proove the kids are 24/7 with me and the courts ordered by ex husband never allowed to claim my kids for taxes and i know it was sent to the right branch of the irs becaise i paid for signed delivery....how long should it take for them to even acknowledge they got the documents at least because they signed for my documents on may 21st and the where us my ammended return app and phone number still say no iformation is processed at this time please call back 3 weeks after the initial date you sent in your forms blah blah blah....shouldnt i be concerned as to why they arent atleast acknowledging receiveing my stuff yet? thank you so much

[xmasbaby0]

@NENDZA3 You can expect a long wait for any action on an amended return.   It is taking at least six months or often longer for the IRS to process amended tax returns.   Although the "normal" time to see something on the amended return site is three weeks, these are not "normal" times, so it will take much longer.   All you can do is check the amended return site to see if they show that it has been received.

You actually should not have sent all of those documents with your amended return---but now you did it,  so it cannot be undone.   Hope you have additional copies of those documents.   When there are competing returns claiming a child(ren) the IRS will sort it out by sending letters at a later time and requesting proof of who the custodial parent is.

Sit tight.   Do not do anything else now.   You will have to be patient and wait for the IRS to process your amended return.  Expect a long wait.

You can watch for information here:

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

[Amos_86]

Someonr has claimed my 15yr old son on their taxes without my permission

[xmasbaby0]

@Amos_86

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected.  Print, sign and mail your own return which claims your dependent.  Mailed returns are processed differently by the IRS.  It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent.  The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

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.

[Daddyshanda03]

Hello my name is Elizabeth and my sons father Carey has been claiming  my son Ethan has claimed my son almost all his life but my son has never lived with him and they finally served his child support papers the earlier part of this year but I haven't  received  any money from child support . Also he does not give my son his child tax money monthly  nor did he give him any stimulus money. My son  has always lived with  me and I have custody of him but I don't work but I have never f

Gave him permission to claim my son on his taxes! Can u help me out with this problem before he files him again. 

[Mike9241]

you don't report him and you can do nothing to stop him from claiming the child on future returns. if you are the custodial parent, and assuming you otherwise qualify, you claim the child on your return.  then at some point, the IRS will send each of you a request to amend your return. you don't and assuming he doesn't the IRS sends a second notice to each asking for proof (the notice will contain info on what constitutes proof - things like school records, medical bills, affidavits from neighbors, pictures of him and his room, etc).   the IRS makes a decision on the proof submitted. the one who submits inadequate proof gets a bill for penalties, interest, and taxes.  if you have not filed for 2018, 19 or 20 you do have the right to file those returns,  if you filed them but did not claim the child you can file amended returns for those years claiming the child. 

you are entitled to claim him if he is your qualifying child or relative and thus a dependent 

you could claim him as a qualifying child if all these tests are met

• he has the same principal abode as you for more than ½ the tax year.  Temporary absences like for school are ignored
• If not a full-time student, under 19 at the end of the tax year.  If a full-time student, under 24 at end of the tax year.  
• he hasn't provided over ½ his own support
• he didn't file a joint return unless there was no tax liability but merely filed jointly to facilitate refund of taxes withheld or estimates paid

or as he could be a qualifying relative if all these tests are met

• his gross income for 2020 is less than $4,300
• you provided over ½ his support
• he isn't a qualifying child of another taxpayer

[Nina360]

You can call the IRS however you have to send a letter of explanation and your taxes by postal mail. Do this as soon as possible as it can take up to a year for corrections to be processed. The other option is you have to claim your taxes always before the other parent by sending them by the first due date AND/OR submit a modification to the parenting plan to the court asking that you claim the taxes and that their is no other person providing half of the support in addition to the other facts of your case. 

A parent or custodian claiming has to have the child in their custody at least 180 days a year varying from state to state. Look up the rules in your state for claiming taxes on a dependent and make sure you add this to your tax letter or court documentation. In addition, if you have  or can not not file taxes you can file for the non-tax stimulus through a link on the federal IRS. gov site.

Other: You can ask the court for the money taken to be paid back to you if the IRS does not take the money. In some circumstances both parents actually claimed and received the full stimulus amounts. If the other parent who does not have custody or visitations is having financial difficulties they can submit a motion to the Child Support Subsidy Department for "Forgiveness" of past debt.

[Georgia60]

My daughter is a drug addict and has not lived with my granddaughter for over a year. But when I filed my taxes and claimed her, my daughter had already done so.

[xmasbaby0]

@Georgia60

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected.  Print, sign and mail your own return which claims your dependent.  Mailed returns are processed differently by the IRS.  It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent.  The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

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.

[TeresaM]

If the social security number is accurate in your return, and you are getting a rejection that someone has already filed with that dependent, then you will not be able to e-file your return with that dependent entered. Even if it is accurate, it will need to be checked on a paper return. Depending on the difference it makes in the return and if you have a refund or owe taxes, you may:

• Leave the return the way it is and select to print and file by mail. This method has significant delays this year due to a carryover of returns not processed yet from last year.
• Delete the dependent from your return and e-file the rest of the information. Then, after the return is processed, if there are no adjustments from the IRS, you can amend your return and add the dependent, along with any credits which they qualify on the return. This will need to be filed by mail and thus will be delayed, but it will not delay the rest of the return.

This TurboTax Help article has step-by-step directions to amend your return if you decide to amend. Amend 2021 return

[Teelaree]

I also need to knpw this