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

[Hal_Al]

Yes & no. If there is a court order giving the exemption (dependency) to the other parent, you should obey the court order. However, you are still  allowed to claim the child for certain tax benefits.  There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him. You should probably let him know if you will be claiming these items so he doesn't try.
Ref: <a rel="nofollow" target="_blank" href="http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897">http://www.irs.gov/publi...>

[jonelle_meyer]

what if a person claims his girlfriends kids and they are not married and they are not his kids and she did not allow him to and when she filed for 2015 her taxes was rejected and has not filed yet

[Hal_Al]

The answer is the same.  She needs to send in a paper return. It is not too late to file a 2015 return. If she claims her kids, it will trigger an IRS "audit" of his return. If she has no income, then her boyfriend doesn't need her permission, if he meets the dependency rules, mostly that he lived with the children all year. However he can't claim them if she sent the biological father permission on IRS form 8332.
The child may qualify as the boy friend's dependent, but because he is not related, he cannot be a qualifying child for the earned income credit, child tax credit or Head of Household filing status.

[barbaragnzlz]

My daughter's boyfriend claimed her kids with out her permission in 2015. I claimed her  but did not claim the kids because of it. What can we do to report him and attempt to get that money since it was from the previous year?

[Hal_Al]

You file an amended 2015 return claiming the kids. That will send the IRS after the boyfriend to make him pay back what he got. They will send you an additional refund based on your claiming the kids. At some point you may have to prove the kids lived with you.
Filing a return (in you case an amended return) will accomplish both of your purposes: 1. report him &  2. Get you that money

[bluetorino68]

Same question but, What if the custodial parent is illegal and receives welfsre, and child support and the child support judge told her that she couldn't claim my son on taxes and if she did it again she would get fraud charges put on her? The judge told me that I have my son 50% of the time plus the support I pay make it where I handle over 75% and that my ex couldn't legally file taxes and she needed to stop allow others to use his social security number. How can I go after her?

[Hal_Al]

The IRS will not honor a court order. They go by their own rules, which is that whomever the child lives with the most has first claim.
Your only remedy is to take her back to court

[bluetorino68]

what is the child support judge told the custodial parent that she was not legally allowed to claim my son on her taxes or give his number to her friends to claim (like she has done so many times before thats why the judge told her she couldnt do that) the custodial parent has no legal right to work in the US and she gets welfare so she doesnt claim taxes herself she allows others to claim him or she files with a fake social security number what do we do then?

[Hal_Al]

See <a rel="nofollow" target="_blank" href="https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity">https://www.irs.gov/...>

[exwifehelp]

But if the other parent files without my permission and i wanna find out how i can't file I'm on social security and i need to know if my ex husband is using my kids info what do i do?

[Hal_Al]

What you do has already been explained above. You just file a paper return instead of an electronic one.

But, If social security is your only income, you do not need to file a tax return, at all,  and will get no benefit from claiming kids.
The money you hear about people getting for just filing a tax return claiming kids requires you to  have some earned income (wages or self employment). Without earned income, you are not eligible for the "refundable" Earned Income Credit or Additional Child Tax Credit.

[cathrina-light]

So I filed and I gave the other parent the right to claim our son. And then when he went to file it rejected his claim even though I didn't file him. We went back to my PDF of the file and I didn't claim him but turbo tax made me out his SSN in even though I said I had an agreement with the other parent to claim him.

What is the problem?

[Hal_Al]

The other parent will have to file a paper return. He cannot efile.

The problem is the interview is tricky and you didn't do what you think you did. 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.

[cathrina-light]

Yes we live together but we are saving the baby's tax return and I have debt so I let my fiancé claim the baby so non of the baby's money gets taken because of my stupid mess. So, I didn't claim him and I told my fiancée to and then he went to claim him and his turbo tax got rejected. However I did my taxes in Feb and he is now doing his taxes.
So why is it saying someone claimed him but I didn't.

[dennisadams30]

What if I have permission to carry my 2 children in my divorce decree. I had to file an amendment to carry my children and I am the father. Now, the IRS is asking for more information. I sent a copy of the divorce decree that stated which children I carry and which ones my ex wife is suppose to carry, so what further information could they need now?