What to do when the non custodial parent, who has no rights to children, claims children on his taxes anyways?

My two son's father has NO parental rights to see his children.  However, he has asked several times if he can claim them on his taxes because he was ''broke.''  This usually resulted in me rushing to file my taxes as soon as the first w2 arrived in the mail. This year i havent filed yet, and Im worried that he already has and has claimed my sons on his return.  Will this affect MY return when I try to file?  If so, what steps need to be taken to be assured I get the appropriate refund.  Thanks.


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If he has already filed and claimed your children, when you EFile your return will be rejected with a duplicate ss number message. At that point your only recourse is to print the return and mail it in. The IRS will detect the   duplicate ss numbers and ask each one of you for proof that you are entitled to the deduction. Do NOT ignore the letter but provide the proof they askfor.  The IRS will then determine who is entitled to the deductions (sounds like you are). The other person will have to repay some of their refund and be subject to fines and penalties.
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