My child's Father claimed her on his taxes before I filed and claimed her for 2022. It was his mistake. Mine was rejected. What do I do?

[keckstar88]

We have a legal custody agreement  stating I claim even years, he claims odd years. He claimed her last year. I did not. He is asking that I amend mine and he gives me the cash he receives for her instead.

[xmasbaby0]

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.

[VolvoGirl]

If you want to claim her on your return you will have to print and mail your return this year.  He will have to amend his return.  You have not filed yet so there is nothing for you to amend.  

[fanfare]

by amend is meant: remove the child as a dependent.

you have to see what the difference is on your tax with or without.

That is the amount he must reimburse you.

If that is agreeable to both of you, you can do it. you won't have to file a paper tax return and wait for the IRS backlog  nor for the IRS conflict resolution process.

@keckstar88