Somehow my daughter traehs social security number is on my tax return although I only claimed Alexis. My ex husband is claiming Traeh.

[keela720]

Can I amend my taxes and get her off of there then he file? When he does to file it’s saying her ssc is already being used: not sure what I did wrong. She is on my taxes but not being claimed.

[Hal_Al]

Q. Can I amend my taxes and get her off of there then he file?

A. You can and should amend.  But for him, that will take long. The bottom line, for him, is that he must file a paper (mail-in) tax return for 2022.

But, review your return for what you actually claimed for Traeh. Somethings are allowed.  It may be that your ex only needs to not claim some of those things (e.g. EIC).

 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the dependency to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

Ref: https://www.irs.gov/publications/p17#en_US_2017_publink1000170897

Scroll down to "Children of divorced or separated parents (or parents who live apart)"

You can if you are the custodial parent.  The custodial  parent is the parent the child lived with for more than 182 nights. The IRS goes by physical custody, not legal custody.

[JohnB5677]

Yes, you can amend your return, 

• but you must wait until your return is completely processed.  
• Also, amended returns are not yet available to be filed for federal taxes. 
• The IRS is expected to finalize the form by February 23, 2023. 
• I suggest that your "ex" wait at least a week after you've filed the amendment TO MAIL his return in.

The only other alternative is for him to take Traeh off of his return, and you come to some agreement to compensate him.  He can add her back on next year.