What do I do if my partner didn’t claim our child but when I go to claim him and file my taxes I’m still getting an error code as if she did?

[Vanessa · Accepted solution]

Check her return and see if your child is listed as a nondependent for EIC.  If she is, then your return is probably being rejected for Duplicate SSN for EIC. 

Most likely, she still had them on your tax return, even though she didn't "claim them", therefore, their social security numbers have already been submitted with a return. If this is the case she will need to Amend her return and take them off of it completely.

 It can take up to 16 weeks for the IRS to process an amended return.  This means you will either need to file an extension or print and mail your return if you want to claim your child this year. 

Remember, when you are filing the Amended Return, she will need to print and mail the 1040X as it is NOT able to be e-filed.

Amend Your Return

Second, a much less likely scenario is that someone else used their SSN accidentally or intentionally.  You would need to contact the IRS to see if that is the case. 

[cgcampbell123]

She has already filed her taxes is there any solution that doesn’t involve having to amend her return?

[Vanessa]

Do you have something on line 17 for the Earned Income Credit?