I went to file my taxes and they got rejected online because someone already claimed my child. My child’s father filed before me and claimed our child when it wasn’t his year to claim her. We rotate years and it is in our court documents that I file the even years and he files the odd years. Is there anything I can do? That is not fair that he claimed her again. She lives with me and I’m the custodial parent and he gets visitation every other weekend. Send the paperwork in by mail ? I don’t think he should be allowed his reimbursement and have to pay back his taxes..
You'll need to sign in or create an account to connect with an expert.
She lives with me and I’m the custodial parent and he gets visitation every other weekend. Send the paperwork in by mail ?
Understand that any divorce decree or custody agreements holds no weight with the IRS. The IRS has their own set of rules that can only be overridden by a federal judge. Since divorces and custody issues are not dealt with at the federal level, that's never gonna happen.
If your child:
- Lived in your household for more than 182 nights of the year and;
- You provided more than 50% of their support.
Then you are what the IRS calls the "custodial parent".
So in your case you will still claim the child. However, you have no choice but to print, sign and mail your return to the IRS. You will get your refund. But when the IRS sees that the child has been claimed on two tax returns, you will both be audited. The loser will pay all the back taxes, fines and penalties to the IRS.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
richterandrichter
New Member
riannabisco
New Member
TaxesAreCool
New Member
tanazia-jackson96
New Member
StephenieM
Level 1