Our return was rejected. How long after my husband's ex-wife files an amended return via turbotax to remove their son, can we safely re-file without it being rejected?

[sandbw7881]

My husband's ex-wife claimed their son on the EIC form. In turn, our return was rejected because we also claimed him (it is our year to do so). She recently filed an amended return and removed him from her tax return. Her amended return was accepted. We then tried to re-file our taxes and it was rejected for the same reason yet again! What do we do now?

[SamS1]

You will need to file a paper return.  Once a dependent is claimed, the only way to get it corrected is to file on paper. 

As an FYi, you can alternate the dependency exemption but for earned income tax credit, the child must live in the same home with you for more then 1/2 the year.  If the child did not live with you for more then 1/2 the year, you would not be eligible for earned income tax credit.  In the situation of divorced parents, you can claim the dependency child tax credit on an alternating basis if the custodial parent releases it but if the child did not live with you for more than 1/2 the year, you should not be claiming EIC.

[sandbw7881]

He lives with us more than her, which is why I don't know why she thought she could get away with him on her EIC.

If we then have to mail them in, so we have to send all W-2's, 1099's, and every other form and proof of deduction that we have?

[PattiF]

If you are mailing your return, filing instructions should print as the first page with your return. The filing instructions will say which copy of your W-2 to include, as well as the address to mail your return. 

Copy B of the W-2  is included with a mailed return. Assemble your tax return in the form order that it printed.