So I have a problem and need help a. A newly divorced mom of 2 well my ex husband and his mom trying to claim us on taxes but I don't work need help to see if they claim

[nsuda12345678-]

The court told ex husband he couldn't claim us but they said they will still do it

[Bsch4477]

1.  They both can’t claim you. Only one or the other can. 
2.  Neither can claim you since (I assume) you don’t live with either of them. 
3.  You can’t stop them if either files a fraudulent return but if you file a return yourself first their return will be rejected if they try to claim you. 

[NCperson]

@nsuda12345678- - apply for a PIN with the IRS.

A PIN protects your identify and that of your children.  Only the person who knows the PIN (presmably only you) can e-file a tax return with your SS number or that of your childrens.  Any one else who tries, the return will be rejected upon attempting to efile.

if someone tries to paper file with your SSN or your children's SSN, it will go through enourmous scrutiny from the IRS because they will know that those SSNs were protected by a PIN and the PIN was not submitted with the tax return (again, presumably because you are the only one who knows it) .  ]]

if you efile or paper file, you will submit the PIN along with the return, and the return will process through normally. 

https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

the window to apply for PINs opens up next Monday, well before the window to file tax returns opens.  Suggest marking your calendar for next Monday to submit the request. 

[Mike9241]

if the one claiming you and the kids files first, your return will be rejected.  you will then need to file by mail.

if it's theirs that's rejected, they can do the same file by mail

then the IRS will have two returns with the same SSNs. eventually, it will send out a letter to both parties asking the taxpayers to amend. if neither does a second letter goes out to both parties asking for proof.

those second letters will contain info as to what to use as proof  - things like doctor bills, school records, pictures of the kids bedroom with pictures of the kids in them, affidavits from neighbors, etc. the IRS then decides who submitted the best proof. the other gets a bill. 

[Carl]

A bit more information is needed, in order to provide a useful response.

You state you don't work. Did you not have any type of reportable income (taxable or not) from any source for the entire 2022 tax year?

When was your divorce finalized?

If you didn't work at all in 2022 or have any other source of income, how did you support yourself and the kids and maintain a household?

The court told ex husband he couldn't claim

Anything below a federal judge really has no say in federal tax law. (Though there are work-arounds they can use and enforce.) Since federal judges don't deal with divorce/separation/custody issues, I doubt the ruling of whatever judge you had would even matter really.... at least at the federal tax level.

[NCperson]

the root issue her is how to prevent other family members from fraudulently claiming OP and her children.

PIN is the way to protect the identify of OP and children so that the OPs return is processed normally. That is why the IRS has this  identity protection program.

from the IRS website"

An Identity Protection PIN (IP PIN) is a six-digit number that prevents someone else from filing a tax return using your Social Security number or Individual Taxpayer Identification Number. The IP PIN is known only to you and the IRS. It helps us verify your identity when you file your electronic or paper tax return. Even though you may not have a filing requirement, an IP PIN still protects your account.

[xmasbaby0]

@nsuda12345678- Just to make sure you understand ---- the replies above are correct as to whether others can claim you and/or the children.  However, if you did not work in 2022 and have income from working, you are not going to be eligible for any child-related credits on a tax return of your own, so do not have expectations of getting a tax refund based on claiming the children.  That might have been true for a 2021 tax return, but it will not be the case for 2022.

For tax year 2022, the only way you receive refundable child tax credit or earned income credit for claiming dependent children is to have income from working.