Someone else claimed my child when I am her custodial parent.

[Phillip1 · Accepted solution]

If the other parent has wrongfully claimed your daughter as a dependent, you will need to do the following:

1. Complete your return and claim your daughter as a dependent that lives with you for the entire year.

2. Print the returns and mail them to the IRS and state (if applicable).

3. Gather the following documentation:

1. Rental or mortgage payment receipts.

2. Utility bills for the home where you reside.

3. School records for your daughter.

4. A note from the child’s doctor, pastor, and/or teacher.

5. Any other documentation that you can produce that shows the child resides with you.

4. The IRS will request this documentation from you and the other parent a month or two after they receive your return in the mail.

5. After the IRS receives the documentation, they will review (it will likely take a month or more further) and make a decision as to who is entitled to the child as a dependent. Assuming the other parent loses the exemption, the IRS will make the other parent pay back the benefits they may have received and you will receive your refund.

[Carl]

That just means that if you are going to claim the child, then you have no other choice but to print, sign and mail your return to the IRS. The IRS will then audit all those who claimed the child, and the loser pays back any refunds they got from making the claim, along with fines, penalties and interest.