Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

[Hal_Al]

cathrina.light-If you and the other parent live together, only one of you can claim the child for any tax benefit. The interview is confusing (it's designed for divorced parents). The second parent should not enter the child, at all. You need to check your return carefully to be sure you didn't claim anything. Just entering the child has caused the father's efile to berejected. He will now have to file a paper return.

[Hal_Al]

dennisadams30- You don't do anything until you hear back fro the IRS. But, if your divorce decree is dated after 2008, the IRS will not honor it. See the above answer. What you need is form 8332 signed by the ex. <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f8332.pdf">https://www.irs.gov/pub/irs-pdf/f8332.pdf</a>
If your ex is not obeying the decree, your only remedy is to take her back to court

[s-fresquez01]

Thank you.

[Hal_Al]

s.fresquez01-Quite frankly,  that doesn't make sense. If there is a conflict in who can claim the children, the IRS first asks you to provide proof that you can claim them (usually proof that they live with you). If the other parent  "has no rights to my children, nor any type of custody", that should have been easy to do. If the IRS is now demanding payment, you're beyond that stage. You probably do need a lawyer. If you want further help from this forum; post a totally new question with the details of what the IRS is saying.

[casper646]

** Disregard the question - Answer doesn't fit the circumstances **

[macuser_22]

@casper646 - This is a 4 year old post.  It would be better if you started a new question with your details.  From the information that you have given I will assume that the child, mother and grandmother all live together and the mother will not be filing a tax return due to lack of income.   If that is the case, and the child lived with the grandmother more than half the year, then unless the mother of the child wishes to release the child's exemption to you with a signed 8332 form, then the grandmother has every legal right to claim the child and you cannot claim anything.

See "Children of divorced or separated parents (or parents who live apart)." in IRS Pub 17 for details.

<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p17#en_US_2017_publink1000170897">https://www.irs.gov/publications/...>

[macuser_22]

I am going to close this 4 year old thread.  If that did not answer your concern the  please  post  start a new question with all the details.

[Judd]

Hello Johnzerrius,

Sorry to hear of your problem.  Please see the IRS discussion ofthe issue.  http://www.irs.gov/uac/Identity-Protection

Do not delay in letting the IRS know.  File form 14039 ASAP.  http://www.irs.gov/pub/irs-pdf/f14039.pdf.

The upshot is that with both your son's and your ID showing signs of ID theft, you will need to fill your returns by mail.  If it were only your ID there is way for the IRS to allow you to e-mail, but they hadn't yet adopted procedures for when it is a dependent as of the last time I looked at this.  The form 14039 does not cover that situation, so I doubt very much that any changes have been made.

Good luck with this issue.  Thanks for choosing TurboTax.

[kuku-ctc]

What happens if the custodial parent give the right to the noncustodial parent to file and gets mad and tell irs you stole the identity and she gave you no right to file ?

[SweetieJean]

A verbal okay is not enough, The custodial parent is provided to provide the other parent with a signed Form 8332:
<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f8332.pdf">https://www.irs.gov/pub/irs-pdf/f8332.pdf</a>

[pobox352002]

what if i just went on and filed my taxes without my son being the dependent, can i still report the person that carried my child to the IRS , especially if I know them?

[SweetieJean]

Yes you can.

[Hal_Al]

You can file IRS form 3949-A (<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f3949a.pdf">https://www.irs.gov/pub/irs-pdf/f3949a.pdf</a>) or call 1-800-829-0433.

But, quite frankly, doing it that way that doesn't make sense. If you are entitled to claim the child, you should go ahead and do so (see the recommended answer above). That's the best way to get the IRS involved. Any other method will be down played by the IRS as a family squabble

[pobox352002]

how can i do that? This is my first child so i'm new to this.

[glomac99]

@glomac99