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catherine9337
New Member

Someone filled my child who is not even a relative to my child and my return keeps getting rejected.

I have full custody of my child and I was informed that someone claimed her before I even filled. This person has zero legal right to my child and I do not know how to proceed from here.

1 Best answer

Accepted Solutions
Coleen3
Intuit Alumni

Someone filled my child who is not even a relative to my child and my return keeps getting rejected.

You will need to mail in your return. 

If you were the first to e-file, their return will reject. If someone else claimed your child when they shouldn't have, and if they file first, your return will be rejected. The only way to claim your child is to file a return on paper. The IRS will process your return and send you your refund. 

Usually within a few months, you'll receive a letter from the IRS, stating that your child was claimed on another return. If you made a mistake, file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, removing  the child from their return,  the IRS, will require you to provide proof. There will be a list of possible ways you can do this. The more you can provide, the better your chances.

 The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's on the divorce decree.

Below are links to the type of proof the IRS may request.

https://elite8financial.com/wp-content/uploads/2017/01/f886-h-eic.pdf

https://www.eitc.irs.gov/eitc/files/downloads/f886-h-hoh.pdf

https://www.eitc.irs.gov/eitc/files/downloads/f886-h-dep.pdf

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1 Reply
Coleen3
Intuit Alumni

Someone filled my child who is not even a relative to my child and my return keeps getting rejected.

You will need to mail in your return. 

If you were the first to e-file, their return will reject. If someone else claimed your child when they shouldn't have, and if they file first, your return will be rejected. The only way to claim your child is to file a return on paper. The IRS will process your return and send you your refund. 

Usually within a few months, you'll receive a letter from the IRS, stating that your child was claimed on another return. If you made a mistake, file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, removing  the child from their return,  the IRS, will require you to provide proof. There will be a list of possible ways you can do this. The more you can provide, the better your chances.

 The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's on the divorce decree.

Below are links to the type of proof the IRS may request.

https://elite8financial.com/wp-content/uploads/2017/01/f886-h-eic.pdf

https://www.eitc.irs.gov/eitc/files/downloads/f886-h-hoh.pdf

https://www.eitc.irs.gov/eitc/files/downloads/f886-h-dep.pdf

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