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@mbure87 You've got a lot going on there and you should consult an attorney. We don't do legal advice here.
However, if someone has filed a tax return using your social security number without your permission that is identity theft according to the IRS and there are procedures for dealing with that. They include filing a paper tax return by mail with all of the correct numbers as if you had been able to file electronically. It will take longer to process but it will get processed.
Here is a guide for what to do if you are the victim of identity theft.
Beat his [removed]
We live together but not married. Kids live with us both. I made a 190,000 this year and my girlfriend made 75,000. Who should claim kids on taxes ?
If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child files single does not enter anything at all on their tax return about the child.
Prepare your returns both ways---and see which one comes out the best. If you still cannot agree--use the tie breaker rules.
TIE BREAKER RULES
https://itap1.for.irs.gov/owda/0/resource/Commentary_Files_Redirect_ITA/en-US/help/tbrk09.html
If you and your partner live together, and you are both the parents of the children who live with you, then you both qualify to claim them and can decide between you, for example, to each claim one child on your separate tax returns. List only the child you are claiming on your tax return. If a child's SSN appears on more than one return, the second return will be rejected.
The tie-breaker rules mentioned by @xmasbaby0 apply in the situation where the parties can't come to an agreement.
See this IRS webpage for more information on who qualifies for the Child Tax Credit.
To file as head of household, you must furnish over one-half of the cost of maintaining the household for you and a qualifying person. Therefore, only one of the parents will have contributed more than one-half of the cost of maintaining the household and be eligible to file as head of household. See here for more information. The other parent will file as Single.
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