TurboTax does not "send in" anyone's tax return. The tax return is prepared by the user, who is supposed to look it over before filing it. The user is the one who has to click a big orange button that says "Transmit my return now." Apparently your ex did not review his return carefully enough or maybe he mis-understood a question and answered incorrectly. TurboTax has no way to know which parent is supposed to -- or can -- claim the child. This is on your ex-spouse. Since he has already used the child's SSN on his tax return, you cannot e-file this year if you are claiming him. Your return will have to be printed, signed and mailed.
Your ex-spouse can amend his return, but it is unlikely the IRS will process it for many months. In normal times it takes about four months for them to process an amended return; currently it is taking much longer.
Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?
If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit + education credits if the child is a full-time college student. The non-custodial parent gets the child tax credit for children under the age of 17.
As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
