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Shawnb_8428
Returning Member

My Ex Wife Claimed our Child when its my year to file

So I have a signed 8332 form that states I can file our daughter odd years and she can file even years. I tried my to file my taxes and of course she screwed me and filed our daughter anyway. It's in our divorce decree that this is the arrangement. How do I fix this so I can get my return.

 

Thank you really can use the help.

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4 Replies

My Ex Wife Claimed our Child when its my year to file

You must indicate in Turbotax that you do not have custody more than half the year, that you do have a custody agreement, and you do have a signed form 8332.  This will create a situation in turbotax where you can claim the $2000 child tax credit, but you can't use the child to qualify for head of household status, EIC or the dependent care credit, because those benefits always stay with the parent will custody more than half the year and they can't be transferred even under a court order.

 

Your ex should indicate they have custody but they released the dependent.

 

If both parents make the correct selections in their tax program, both parents can e-file without a conflict.  Either you or your spouse made a mistake, whether accidentally or deliberately I can't say.

 

Make sure your dependent settings are correct and try e-filing again.  If you are blocked, file by mail and attach the original signed form 8332.  Keep copies for your records. The IRS should process your tax return with the claimed refund.  If there is a conflict with your ex, the IRS will investigate, but that usually takes 9-12 months. 

My Ex Wife Claimed our Child when its my year to file

The tax return you are filing for 2022 is an even year. Based on what you said that you can claim her on odd years and your ex can claim her on even years, 2022 is her year to claim the child.

Shawnb_8428
Returning Member

My Ex Wife Claimed our Child when its my year to file

Sorry backwards its my year..I get even years

My Ex Wife Claimed our Child when its my year to file

@Shawnb_8428 

If 2022 is one of your years, then follow the procedure I discussed above.

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