Taxes rejected because my ex claimed our child when she shouldn't have. She didn't live with her. What do I do?

[LoganLee]

My daughter came to live with me full time back in May 2017.  She was then registered in the local school district and continues to live with me full time now.  Her mother lives in an entirely different state.  Just this month as a result I was awarded sole physical custody.  My lawyer told me to claim her since she clearly lived with me over half the year in 2017 and I could clearly prove it.  She said if her mother tried to lie and claim her first that if my taxes were rejected I'd be given a chance to file with proof.  I just did an eFile moments ago, paid for state and they were all rejected within 30 minutes due to her mother having claimed her already.  Turbotax nor the IRS gives me any rebuttal.  What in the world do I do here?

[xmasbaby0 · Accepted solution]

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected.  Print, sign and mail your own return which claims your dependent.  Mailed returns are processed differently by the IRS.  It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent.  The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

[LoganLee]

What do I do about my state?  Can those be efiled without accepted fed or do I need to get a refund on the $19.99.  If however I decided it wasn't worth it and removed her and filed is that ok too?  Just for my information at least.

[LoganLee]

If I print and mail my Federal can I still eFile the state the way they are?

[xmasbaby0]

You will need to mail your state, too.  When you do not e-file federal you cannot e-file the state.   If you already paid TT for the state e-file fee,  call customer support to remove that fee.
 To call TurboTax customer support
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1899263-what-is-the-turbotax-phone-number">https://ttlc.intuit.com...>
They are available from 5 a.m. to 9 p.m. Pacific time.

[knewland6]

Not only do I have a court order but my child is with me 100% of the time and my exhusband has claimed her as an dependent for 9 years, so we both claim her - the IRS has done nothing.

[enb4269]

This is my question as well. Taxes were rejected because my ex fraudulently claimed our child. The only way to file federal is through mail but I’m told New York requires e-filing by law if you used a tax prep site, such as TurboTax. So do I paper file for federal and e-file for state even though it was originally rejected? I cannot get clarity in this issue.

[JohnB5677]

You can paper file your New York tax return.  

The New York Department of Taxation and Finance removed the penalty so you may file a NY state tax return by mail (see page 35: https://www.tax.ny.gov/pdf/current_forms/it/it201i.pdf). 

Please review the following link for more information: Is there a penalty if I don't e-file my New York return?

To print and file your tax return(s) by mail in the TurboTax for Windows CD/Download software, please review the following link and the link(s) embedded on the webpage(s) for more information: How do I print and mail a return in the TurboTax for Windows CD/Download software?

@enb4269  Original post by @EdwardK