Wrongful tax claim

[Donaldrayelam]

In 2019, I was 18 years old and had my first baby. I worked full time and moved out of my dads home and moved into my girlfriends home for over half that year. When i went to file for my tax return it got denied and it said I was claimed as a dependent and my dad said he did claimed me on “ accident “. So not only did I miss out on a $7500 tax return, but now was not eligible for the stimulus check. I recently heard there will be a new stimulus check this week and we have gotten a home, I’m married now and I guess I won’t be eligible again and I was curious if there was any possible way I can get approved for the stimulus this time without taking him to court? And yes, he said he filed for a amendment but it’s been a year now and he lied to me. Never apologized or anything and I’m struggling and I need this money so bad :( 

[NCperson]

okay - this is going to be easy

The stimulus payments are REALLY based on your 2020 tax return.  Nothing about prior years matters.  Just fill out the 2020 tax return and it'll take you through a series of questions about stimulus.  whatever you are due will be on Line 30 for the tax return.  

The 1st stimulus is already programmed in; I suspect that before you can file at the end of January, the 2nd stimulus will be programmed in.  But you want to wait to file, until you know the 2nd stimulus is part of the calculation to save a future headache obtaining it.  Patience will be a virtue this tax season.

[Mike9241]

if you were married in 2020, your dad can't claim you if you file a joint return.  in fact, it's on the 2020 return that the original stimulus can be claimed. the only reason you might not get it is that the income on the joint return is too high.  

in 2019 you say you were under 19 and lived with your girlfriend for more than 1/2 the year. this means that your dad could not claim you as a qualifying child (dependent) because you and he did not live in the same principal residence for more than 6 months in 2019. 

he also could not claim you as a qualifying relative (dependent) in 2019 if your gross income was more than $4200

thus based on what you provided and I'm assuming your gross income was over $4200 (you didn't specify who claimed the child), your dad should not have claimed you as a dependent in 2019 (nor your child).

if I am right

what I suggest you do is file an amended return for 2019 with head of household as the filing status and claim your child as the qualifying dependent. do not mark that you could be claimed as a dependent.  eventually, the IRS will send both you and your dad correspondence so the conflicting claims can be sorted out. I expect you will prevail and your dad will get a bill.