If my ex-spouse already claimed our child on his tax return, how do I update my return after it's been rejected?

[jessica-amburn]

I had just filed my return when I found that my ex had already claimed our child on his accepted return. How do I get in to the return that I've already filed (and has been rejected) to delete her information and update my return?

[xmasbaby0]

Hold on.   Who does the child live with?   Are you the custodial parent?   Did the child spend more than 183 nights with you in 2024?  Do you have a signed agreement with the other parent that allows them to claim the child?

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

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.

Or......if you are the one who was making a mistake by claiming the child----go to MY INFO and delete the child's information.   And then re-file.

[jessica-amburn]

 She has lived with both of us in my parents house until October of 2024 when he moved out.  He claims that we discussed a year ago that he would claim her this year.  I don't  remember the conversation, but it's a stupid thing to do as it costs us $3000 since he makes much more money that I do.

We have no legal agreements as we were never married and never formally filed for custody or support.

[xmasbaby0]

@jessica-amburn Then file your own return claiming the child by mail.    The IRS will sort it out later.   Be prepared to show the IRS that the child lived with you all year when they send a letter someday.  And.....get an IP  Pin for your child to prevent this from happening again.

WAYS TO PROVE TO THE IRS THE CHILD LIVED WITH YOU 

https://www.irs.gov/pub/irs-pdf/f14815.pdf

GET IP pin in order to e-file if your dependent’s SSN was claimed on another return

https://www.irs.gov/newsroom/irs-takes-steps-to-help-prevent-refund-delays-by-accepting-duplicate-de...

https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin