My sons father keeps claiming my son on his taxes without my permission, he doesnt live or support him like he is supposed to. What can I do??

[Hal_Al]

@ChristopherT34 - It depends on who the somebody else is and where they live.  A child can be the “qualifying child” dependent of any close relative in the household. If she lives with someone else, e.g. her parents,  they can claim your child, ahead of you.

For an unrelated person, the rules are different. They would have to live with the child ALL year and provide more than half his support. That's unlikely from what you describe. Even if they qualify, they don't get the big bucks (no EIC & child tax credit).

You say the mother worked some. That will qualify her for some EIC and maybe some small child tax credit.

I suggest you claim the child and see what happens. Let her know you're doing it, it might scare her off. You will probably have to pay back some of your refund, but may prevent an unrelated person from getting away with tax fraud.

You may have to take her back to court to get a more enforceable order (requiring form 8332)

_________________________________________________________________________________

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  The custodial parent almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.  

References:

https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 

http://taxes.about.com/od/dependents/qt/Dependents-Audits.htm

www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf

[Pigguesmelissa]

My daughters dad claimed her on his tax return he not the parent who take care of her for a year she resides with me

[Hal_Al]

@Pigguesmelissa -

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  The custodial parent almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. 

[Bresims87]

Please I need help from keeping my daughter father from claiming her..

[macuser_22]

You cannot stop anyone from claiming anyone.

If a dependent that you are entitled to claim has already been claimed by another taxpayer, your e-filed return will reject since the child's SSN has already been used (either intentionally or in error such as a mistyped SSN).

Your only recourse is to file a correct tax return, claiming what you are entitled to claim, then print and mail the return.

The IRS will process both returns and pay any refunds. Shortly (within a year) the IRS will mail letters to both taxpayers asking if their tax return was filed in error and suggesting that they amend if they improperly claimed the child.

If neither taxpayer amends, the IRS will send a second letter asking for each taxpayers proof that they are entitled to claim the dependent, such as proof that the child physically lived with them more than half the year. School records, child care records, household receipts, medical bills, etc., that show that the child lives with you should be retained.

The IRS will evaluate each taxpayers claim and award the dependent to one taxpayer, the other will have to payback any refund received plus interest and possible penalties. The parent that had physical custody usually always wins.

Do not ignore the letters or you will loose.

[Godlove_of3]

I have a complaint that if my kid's father is paying child support can he still carry taking them on his taxes without my permission. Because he had took them and he don't want to give me no money for the kids now. So what do I have to do to him from taking on his taxes.

[LeonardS]

The post by @macuser_22 provides information on how to proceed in you situation.

[LadyBugJune777]

Yes.. please contact your State Attorney General and file a claim or rather a legal action that your son's father is committing an act of fraud. Then go to the IRS in fill out with called a whistleblower forum. Simply Google it to get the code number. Give your son's father's information and he will be fined and that money goes to you and hopefully your State Attorney General will investigate and have him charged and he'll serve some federal time.

[macuser_22]

---

@LadyBugJune777 wrote:

Yes.. please contact your State Attorney General and file a claim or rather a legal action that your son's father is committing an act of fraud. Then go to the IRS in fill out with called a whistleblower forum. Simply Google it to get the code number. Give your son's father's information and he will be fined and that money goes to you and hopefully your State Attorney General will investigate and have him charged and he'll serve some federal time.

---

No need to do any of that - just file a correct tax return and the IRS will send letters as by post above said.  The person improperly claiming will have to pay any refund back plus interest and penalties.

(A state will not get involved in a Federal tax issue.  That is totally up to the IRS.)

[Judithpuga]

Hi my name is judith (PII removed) i am married  still with my two kids dad. But we do not live together anymore he take off with my kids page to do the taxs .

he do not have me nothing for my kids and he is not pay no child support.   my husband name  bernardo (PII removed)

how can i get the taxes  money 

[VictoriaD75]

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  The custodial parent almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.

What Happens When Both Parents Claim a Child?

[Hal_Al]

@Judithpuga  

Do you have any income? What kind of income and how much.  In particular, do you work (have earned income).

When did the husband leave? Do you live with anyone other than your kids?

[Opus 17]

---

@Judithpuga  wrote:

Hi my name is judith (PII removed) i am married  still with my two kids dad. But we do not live together anymore he take off with my kids page to do the taxs .

he do not have me nothing for my kids and he is not pay no child support.   my husband name  bernardo (PII removed)

how can i get the taxes  money 

---

You left out too much information for a helpful answer.

To start with, when did you separate?  If after July 1, 2019 or in  2020, then you can only file 2019 as "married filing separately."  You can't qualify for earned income credit.  To qualify to claim the children as dependents, they must live with you more than half the year, AND live with you more nights of the year than your spouse.  If the children lived more nights with you, then you probably qualify to claim them as dependents.  If you are blocked because your spouse claimed them, file your return by mail.  The IRS will investigate and ask for proof of which parent the children lived with longer.  (If you only separated in 2020, then the children lived all 2019 with both parents, and the parent with the higher income gets to claim them for 2019.)

If you separated before July 1, 2019, then you might qualify to file as head of household, which would allow you to claim EIC as well as the dependent credit, but only if the children lived more than half the nights of the year in your home.  If so, you would again file by mail, and expect the IRS to send a letter asking for proof of when you separated and where the children actually lived. 

[Hal_Al]

The money you hear about people getting for just filing a tax return claiming kids requires them to  have some earned income (wages or self employment). Without earned income, they are not eligible for the "refundable" Earned Income Credit or Additional Child Tax Credit.  Both credits are calculated on the amount of earned income you have. No earned income means no "refund". A small amount of earned income means a small refund. The child tax credit does not "kick in" unless you have at least $2500 of earned income.

A child can be the “qualifying child” dependent of any close relative in the household. If you live with someone else, e.g. your parents, it may be better if they claim your child.

Instead, you could allow the father to file a joint return and  to claim the children.  

[MandMims]

Please help we can’t seem to come to a solution since my daughters birth father has claimed her in his tax returns.