Someone claimed my dependent, We have 3 biological children and 3 foster children

[tndellis]

I believe the parent of the foster children have claimed them even though we have had them more than half the year.  When mailing in a return, will I still get our refund minus the three foster children while they are working on the three, or will it be all at once later down the road?  Generally how long does it take in situations like these?

[CarlitaH · Accepted solution]

This situation is a bit complicated. First make sure that all the SSNs are absolutely correct, it is very easy to overlook a one number off typo. After you know for sure that the SSNs are correct you can do one of two things. You can mail in your return because the IRS will not let you e-file with a duplicate SSNs. The IRS will then pull both returns and each side will then have to prove the validity of their claim. The process takes some time. You may cut down on the time by getting a tax advocate and your case manager involved.   

OR you can remove the dependents and e-file the rest and then contact the IRS about someone falsely claiming your dependents and then do an amended return. Therefore you would not have to wait for your return with your first three dependents. Paper filing all of them would hold up your entire refund for what could turn into months.

Usually, in these cases it is who ever files first because of the time and effort it takes to straighten out. So next year, you may want to file as soon as possible.

Here is some information that will be may helpful.

https://www.irs.gov/help-resources/contact-your-local-irs-office

https://www.irs.gov/help-resources/tools-faqs/faqs-for-individuals/frequently-asked-tax-questions-an...