Will my child's father full tax return come to me like last year? Or only the amount owed in arrears?

[againes27]

Will my childs father full tax return come to me? Or only the amount owed in arrears?

Last year my daughters father claimed her without my permission and did so this year as well. Turbo took the credit from me and gave to him just like last year because he filed wrongfully first! My daughter lives with me year round. He also owes 1800 in arrears he has been using my daughter as away to knock his arrears down faster which is not right! I'm curious if they will take his entire return this year as well or just the amount owed and send him the rest? I'm wondering what can be done if he gets the rest since he got the tax credit which was suppose to go to me. I'm sure his return is over 4000 because he used our child but he only owes 1800 how can I report this? And to who? (He hurry's and file fast before I can file)

[MaryK1 · Accepted solution]

If you are due back child support, the state will only offset the arrears from the other parent.  More importantly, if he claimed the child and the credits but did not have permission (as the custodial parent, you must consent to allowing him to claim her) and qualify (for example, for the earned income tax credit ONLY the parent who the child lived with can claim even if you consent) you can paper file your return and include your daughter as dependent. 

If he is uncooperative and will not correct, the IRS will eventually contact both of you to figure out who gets to claim the dependent. The losing party will then be liable for any additional taxes, penalties, and/or interest as a result of the false claim.

What Happens When Both Parents Claim a Child on a Tax Return?

[fanfare]

there's an IRS form you can use to report fraud. this includes claiming dependents you are not entitled to claim.

[fanfare]

if his refund is large and is offset, that can only benefit you, not hurt you  meanwhile you should always claim  the dependents you are entitled to.

[againes27]

It will benefit him this year because since he claimed her he is getting over 4000 back and from what you guys are saying child support will only take the 1800 and the rest will go to him which is so unfair since he took my credit 2yrs in a row =( being a single mom of a disabled little one I sure needed that credit so looks like I will get the 1800 and he will get the 2900 back for not doing anything but wrongfully claiming her. I'm so sad.....any one have a link to this fraud form?

[xmasbaby0]

You can file your return claiming your child yourself by printing, signing and mailing your return. It will be handled differently by the IRS than an e-filed return.  You will get the refund you are entitled to including the child-related credits you qualify for.  Eventually you will both be contacted by the IRS to sort out who really could claim the child. He will face repayment of the refund he wrongfully obtained plus penalties.