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Level 2
March 24, 2025
Question

Tax trouble HELP

  • March 24, 2025
  • 2 replies
  • 48 views

Long story short, I got my years mixed up. 
My ex-spouse and I have a tax agreement where we alternate years with him getting the even numbers and I get the odd numbers. 
I got my years mixed up and didn’t claim my son last year, so neither did his father.

Well, this year I claimed him on taxes.. and already got mine back in February. His father just tried to file his and claim our son because it is his year and couldn’t. 
He talked to his accountant, who said I could file an amendment to move my son off this year’s taxes to last year’s taxes because neither of us claimed him as a dependent. 
So I’m posting here to ask if that is even a possibility or true. 
This is the first time I’ve ever done anything remotely wrong so I am panicking! 

2 replies

RachelW33
Alumni - Expert
Alumni - Expert
March 24, 2025

Yes, your ex-spouse's accountant is correct.

 

You need to Amend your 2024 Federal and State Tax Returns to remove your son AND Amend your 2023 Federal and State Tax Returns to add your son as a Dependent.

 

In order to avoid any interest or penalties for your 2024 tax returns, you should file and pay the balance due with your Amendment by 4/15/25. (This is because you received more than the refund you were due).  Generally you have up to 3 years after you filed the original return to file an amendment.  Please see What is the deadline for filing an Amended Return? for more details.

 

Please see these TurboTax Help Articles for instructions on how to Amend each year:

 

 

 

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Level 2
March 24, 2025

Oh man. 
So the “balance” would be whatever I got for my son this year? So whatever I pay it back and will get last years back? 

RachelW33
Alumni - Expert
Alumni - Expert
March 24, 2025

Yes, you will basically be paying back what you got for your son in 2024 and then receiving a refund for adding him to your 2023 return.

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Level 10
March 24, 2025

Yes, the accountants advice is correct. You file an amendment for 2024 to remove your child and one for 2023 to claim him. A simpler way might be for him to file the 2023 amendment to claim him and then you go back to your original agreement to claim him in alternate years.

Level 2
March 24, 2025

He said he couldn’t do it because he has multiple businesses that would affected. 
I would love for him to do last years and not have to pay back that money I don’t have but unfortunately it’s looking like I’m screwed either way lol. 

JohnB5677
Level 15
March 24, 2025

As it stands you will have to file amended returns for both 2023 and 2024.

  • You will get a refund in 2023 and have to repay 2024.
  • Your Ex will mail his return, and if your 2024 amended return is not completely processed you will both get a tax notice
  • The notice will be explained by telling the IRS that you filled an amended return.
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