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Level 1

Non custodial parent claimed child without permission

My return was rejected due to non custodial parent claiming my child. How to i resubmit my refund? I have my children 100%of the year and provide 100% 

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Level 12

Non custodial parent claimed child without permission

It depends.  If this is the only child on your return, and you had the legal right to claim the child, your best option right now is likely to mail in your return with proof that your child was living with you.  The main reason for this is that once a return has been accepted electronically claiming a child, no one else can file electronically to claim the same child.  The only way to resolve this is by mailing in the return.  Please see this TurboTax website with more information on this:  

What Happens When Both Parents Claim a Child on a Tax Return ...

When you mail in the return, what will happen is that the IRS will verify that the child was living with you, and ask him to provide proof that the child was living with him.  When he cannot do so, the IRS will award you the claim.  He will have to return the refund he received (if any) and will also pay penalties and interest that the IRS imposes on him.  Of course, this process does take time, but it is the legal remedy the IRS provides.

One other option you have is that if you are claiming other children, you can file a return only including those dependents (assuming your return gets accepted electronically this way).  This way, you can receive at least a portion of your refund now, and then you may amend your return to include the child who was claimed on another return.  If you know for certain that the father was the one who filed it this way, you could choose to advise him to amend the return to avoid consequences with the IRS.  That would be your choice however.  You are under no obligation to do so.
1 Reply
Level 12

Non custodial parent claimed child without permission

It depends.  If this is the only child on your return, and you had the legal right to claim the child, your best option right now is likely to mail in your return with proof that your child was living with you.  The main reason for this is that once a return has been accepted electronically claiming a child, no one else can file electronically to claim the same child.  The only way to resolve this is by mailing in the return.  Please see this TurboTax website with more information on this:  

What Happens When Both Parents Claim a Child on a Tax Return ...

When you mail in the return, what will happen is that the IRS will verify that the child was living with you, and ask him to provide proof that the child was living with him.  When he cannot do so, the IRS will award you the claim.  He will have to return the refund he received (if any) and will also pay penalties and interest that the IRS imposes on him.  Of course, this process does take time, but it is the legal remedy the IRS provides.

One other option you have is that if you are claiming other children, you can file a return only including those dependents (assuming your return gets accepted electronically this way).  This way, you can receive at least a portion of your refund now, and then you may amend your return to include the child who was claimed on another return.  If you know for certain that the father was the one who filed it this way, you could choose to advise him to amend the return to avoid consequences with the IRS.  That would be your choice however.  You are under no obligation to do so.