My ex claimed my dependant, who lived with me for 2 yrs. He won't answer my calls so I can fix this. What do I do?

[Bsch4477 · Accepted solution]

If you are eligible to claim the child complete and mail your return with your dependent along with a statement saying that you know your dependent was fraudulently claimed by another person. The IRS will send both of you letters allowing you to justify your dependent. If he claimed the child fraudulently he will owe tax, interest and penalties. 

[xmasbaby0 · Accepted solution]

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 the child is 17 or older the non-custodial parent gets the $500 credit for other dependents.

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.

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/somebody-already-claimed-depend...

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

[slybutters77]

Wow, thank you for the wonderful responses! My ex and I decided a long time ago we'd just coparent.  So the custody was shared, and at one point we were filing taxes and splitting them equally. Then he got a girlfriend, and everything went down the drain.

My son is.older, so he wouldn't get the child tax credit like he did for the other 2, but in the end, I guess I'll just go ahead and get the forms you've both suggested, and see how he feels about me then! Thanks again!!!