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Sydney4033
Level 2

How do I find out who claimed her and what can I do to fix it if it wasn't her father who claimed her if her father didn't?

Her father was court ordered per child support to claim her. I haven't received any payments from the taxes he was supposed to file. He has been dodging his payments and not reporting income properly. I want to request a change in the order which allows me to file her as a dependent for my own taxes since he is over 20,000 in arrears.

2 Replies
xmasbaby0
Level 15

How do I find out who claimed her and what can I do to fix it if it wasn't her father who claimed her if her father didn't?

If someone else claimed your dependent the IRS will not tell you who claimed the child.  If you are the custodial parent then you can claim the child--the courts cannot dictate the tax laws.  YOU can file a tax return and mail it when you claim your child, and the IRS will sort out who was allowed to claim the child.  As for the child support order, that is a legal matter on which no one at TurboTax can advise you.

If the child's father did not file a tax return, or if he did not have enough tax withheld in order to receive a refund, then there is nothing for the IRS to seize in order to send it to you.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

How do I find out who claimed her and what can I do to fix it if it wasn't her father who claimed her if her father didn't?

It was most likely the father or someone he lives with (e.g. grandparent).

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.
Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  The custodial parent almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332).

The IRS will not enforce domestic court orders. If the father doesn't like you claiming the dependent, his only remedy is to take you back to court. That's unlikely, since his ability to claim the child is based on payment of child support and he's $20K behind.
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