My ex-husband is trying to report me for fraud to the IRS for claiming our son however I had him up until July of 2018. How is this going to affect me getting my refund?

[mesquitebean]

"Up until July"--Does that mean through June 30?
Who had him the most days/nights in 2018?

I'll ask someone familiar with dependent situations to assist you.  @Hal_Al  Are you able to assist here when you are in the forum?  Thanks.

[nicoler0307]

Me he technically was with me until July 6th bc I have a guardianship drawn up.

[Hal_Al · Accepted solution]

It isn't going to affect your refund..  The IRS will investigate later (if at all) and make you pay it back if you didn't qualify to claim the child.

To claim a child, the child must have lived with you for more than half the year (183+ nights).  If the child lived with both parents, for more than half the year, then the parent the child lived with the most gets to claim him.

[nicoler0307]

Ok.  Thank you this is creating a hold of on time frame of me receiving the refund I believe it hasn't been a full two weeks though. I do have documentation backing that he was with me but I didn't submit it with my taxes I don't need to file an amended do I?

[Hal_Al]

You don't need to do anything, but wait. At this point doing anything would be a mistake. The IRS will contact you if they need anything.

 You also should not have sent any proof when you filed your return.

[nicoler0307]

Awesome thank you