Non custodial parent claimed child without permission

[N-a1]

My return was rejected due to non custodial parent claiming my child. How to i resubmit my refund? I have my children 100%of the year and provide 100% 

[DanielV01 · Accepted solution]

It depends.  If this is the only child on your return, and you had the legal right to claim the child, your best option right now is likely to mail in your return with proof that your child was living with you.  The main reason for this is that once a return has been accepted electronically claiming a child, no one else can file electronically to claim the same child.  The only way to resolve this is by mailing in the return.  Please see this TurboTax website with more information on this:  

What Happens When Both Parents Claim a Child on a Tax Return ...

When you mail in the return, what will happen is that the IRS will verify that the child was living with you, and ask him to provide proof that the child was living with him.  When he cannot do so, the IRS will award you the claim.  He will have to return the refund he received (if any) and will also pay penalties and interest that the IRS imposes on him.  Of course, this process does take time, but it is the legal remedy the IRS provides.

One other option you have is that if you are claiming other children, you can file a return only including those dependents (assuming your return gets accepted electronically this way).  This way, you can receive at least a portion of your refund now, and then you may amend your return to include the child who was claimed on another return.  If you know for certain that the father was the one who filed it this way, you could choose to advise him to amend the return to avoid consequences with the IRS.  That would be your choice however.  You are under no obligation to do so.

[mykotino13]

i cant claim my child because the non custodial parent has claimed with out permission. i want to report it.

[fanfare]

IRS is used to conflicts between parents. There's nothing to report.

Just file on paper via US Mail. IRS will sort it out.

Next time, file early.

[Crazycarebears2021]

Hi my name is Angela McMahan and I have a 8 year old little girl. Who has lived me for 8 years of her life. Her dad James Vaughn has never had her a day in her life. He works and is a child support by law. But somehow he was able to claim her for 2019 taxes and 2020 taxes and he is getting all the child tax credit I never signed and given that man permission at all for him to receive the child tax credit then my daughter should deserve I'm a single mom and I'm struggling and my daughter and I really need that money and what do I need to do and how do I need to prepare to get this taken care of for us to get the money and not him again like I said she's never spent a day in her life with him he doesn't want her.

[fanfare]

It sounds like you are not filing a tax return. 

You have to file to get the benefits of having a dependent.

[xmasbaby0]

@Crazycarebears2021 File your own tax return that claims your child as your dependent.   Since the other parent already filed and claimed the child you will not be able to e-file but you can print, sign and mail your tax return that claims your child.   Enter her information in My Info, including her Social Security number.   As the custodial parent you should be able to file as Head of Household and if you have income earned from working you may get the earned income credit, and the child tax credit.   It is too late now to get the monthly child tax credit payments that began in July but file your tax return anyway.    Make sure you use the recovery rebate credit in the Federal Review section to get the stimulus payments for claiming your child.   And then file a 2021 tax return in early 2022 to claim your child so that you will get the child tax credit on that return.  

Eventually the IRS will send letters to both parents to sort out who the child lives with, so be prepared to show the IRS that the child lives with you.  If the other parent has claimed her fraudulently he will face repayment of stimulus money he has received for claiming her and repayment of any other child-related credits for claiming her, and penalties.

If you qualify to use it, there is another full-featured free version of the software:

Try Free File: 

You qualify if your income was $39,000 or less, or $72,000 or less if active duty military, or if you qualify for Earned Income Credit

https://ttlc.intuit.com/questions/1900583-what-is-turbotax-free-file-program

• https://ttlc.intuit.com/questions/2026912-how-do-i-switch-to-turbotax-free-file-program

Note:  If you do not qualify to use Free File then you will have to upgrade to Deluxe or higher in the paid versions of the software.   

 Online Deluxe $60  State software $50

Or—-Use this IRS site for other ways to file for free

https://apps.irs.gov/app/freeFile/

[Jhoffniw]

Thank you, does Turbo Tax allow for an “amended return” in the program? I have an ex who was not legally allowed to claim one of my dependents.  We are going with the option to electronically file now for the partial return and let the IRS sort out the tax on my ex & apply penalties, etc… 

[LeonardS]

"File your own tax return that claims your child as your dependent.   Since the other parent already filed and claimed the child you will not be able to e-file but you can print, sign and mail your tax return that claims your child.   Enter her information in My Info, including her Social Security number.   As the custodial parent you should be able to file as Head of Household and if you have income earned from working you may get the earned income credit, and the child tax credit.   It is too late now to get the monthly child tax credit payments that began in July but file your tax return anyway.    Make sure you use the recovery rebate credit in the Federal Review section to get the stimulus payments for claiming your child.   And then file a 2021 tax return in early 2022 to claim your child so that you will get the child tax credit on that return.  

Eventually the IRS will send letters to both parents to sort out who the child lives with, so be prepared to show the IRS that the child lives with you.  If the other parent has claimed her fraudulently he will face repayment of stimulus money he has received for claiming her and repayment of any other child-related credits for claiming her, and penalties."

@Jhoffniw

Answer from xmasbaby0

[Jhoffniw]

Thank you. The words “eventually” is what has me concerned with filing a paper return. According to the IRS, it looks like the non-custodial party can take up to 3 years to defend himself. Could my return also be “held-up” for that long?   If so, I thought it would be wise to e-file without my dependents (as frustrating as that is) which allows me at least a partial return and file an amendment to claim them down the road.   

Thankfully for 2020 I claimed them both and received the child tax credit which began in July. 

[DMarkM1]

Yes, you are correct.  The IRS processing time for disputed paper returns will be long.  Filing an amendment that will be disputed will be even longer. 

As you state, since you are getting a refund without the disputed dependent on your return you can certainly e-file now and then deal with the issue later. 

[Jhoffniw]

@DMarkM1 Thank you for your perspective & validation.  The whole situation is quite sad & annoying, so your support is deeply appreciated.  God Bless! 

[AngelaAveri]

Hi thank you very much and god bless you as well.

[Muri3l]

Hello

my Son’s father and I agreed for me to file for our son this year but it looks like he went and did it behind my back without letting me know. We have joint custody. This was word agreement 

[xmasbaby0]

@Muri3l You have provided very little information.   You do not say who the child lived with---which is quite important.  Who did the child spend the most nights with in 2022?   And is there a signed agreement on Form 8332?