My son lives with me full time. I tried to claim him and found out his dad who has no custody, already claimed him. what can I do?

[pollygirl209]

my son is 10. he lived with me fulltime all year. I have sole custody. I think his dad forged my name.

[CarolynM · Accepted solution]

File by paper. 

Unfortunately, your e-file will continue be rejected because your son has already been claimed. You can file by paper to claim your son. The IRS will then investigate who is the proper person to have claimed your son. 

It appears you are the proper person to claim your son. Here is the official criteria:

 *            be your child (or adoptive or foster child), sibling, niece, nephew or grandchild;

*            be under age 19, or under age 24 and a full-time student for at least five months of the year; or be permanently disabled, regardless of age; 

*            have lived with you for more than half the year; and

*            have provided no more than half his or her own support for the year.

With your court papers and bank statements, you can easily prove you were the proper person to claim your son.

Your son's father will then have any credits/refunds withdrawn by the IRS with penalties.

I am sorry you are having this difficulty. 

[pollygirl209]

Thank you very much for your answer and can you specify what bank account statements all I will be needing

[CarolynM]

Anything that shows expenses paid on behalf or for your son

[pollygirl209]

Okay well, we live in my mom's house where I always just hand her cash for rent. I get child support from his father and I work part time.

[pollygirl209]

I have No bank account

[CarolynM]

She can write you a receipt if it comes to that.

[pollygirl209]

Where do I go to file via mail rather than online efiling? Just a regular tax place?

[CarolynM]

You can still use TurboTax Online; just indicate you will print and mail, rather than efile