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William Perez

What if Someone Else Claimed Your Child as a Dependent?

By March 21, 2007

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An all-too-frequent situation at tax time: you go to file your taxes electronically, and the IRS rejects your tax return because someone else has already claimed your dependent.

You cannot find out who claimed the dependent: the IRS won't tell you because of the strong regulations protecting the privacy of tax information. However, you will probably have a good idea of who might have claimed your dependent: that person would need to know the dependent's name, Social Security number, and date of birth. About.com reader Autum3320 figured out that her ex-husband claimed their daughter, for example, and now she's ready to fight back.

What you should do is review the criteria for claiming a dependent. One of four crucial eligibility criteria is the residency test: for more than half the year, the dependent must have the same residence as you do. This test can be overridden only if the custodial parent releases his or her claim the dependent using IRS Form 8332.


If you are eligible to claim the dependent after reviewing all the criteria, then you should claim the dependent on your tax return, and file the return with the IRS. You will have to mail the return to the IRS, however. "Unfortunately, some returns cannot be e-filed. This is one of those cases. When two taxpayers claim the same dependent, the IRS will require that each taxpayer provide proof as to their right to claim the dependent. This takes time to sort out. Meanwhile, file your return claiming the dependents you are entitled to and if the return is rejected, file it by mail," states Kris Siolka, EA from the National Association of Tax Professionals.


You should be prepared for an audit over the dependents. The IRS will audit both your tax return and the return of the other person who claimed the dependent. The IRS will ask questions and seek documentation based on the eligibility criteria and the tie-breaker tests. You can find extensive information in the exemptions for dependents section of IRS Publication 501.



To prepare for the eventual audit, you should gather any and all records indicating that the dependent lived with you, such as school and medical records. Having these records will go long way towards winning the audit and protecting your refund. You can read more about how the audit process is conducted and your rights to appeal a decision in Publication 556. You should be aware of all your rights as a taxpayer, including your right to seek assistance from the Taxpayer Advocate Service. You may be eligible to receive free or low-cost representation from publicly-funded tax clinics.

Comments
March 10, 2008 at 10:57 pm
(1) tara says:

Our tax preparer notified us today that someone claimed our daughter as a dependent. In our case, we’re two parents who have raised our child since birth and there is no one who could have claimed her without stealing the personal information. Why would they do this knowing they’d get caught, and is there any real consequences if they do get caught?

January 27, 2011 at 11:56 pm
(2) Father says:

Kenneth Kyle Keller is an identity thief. Beware.

February 20, 2009 at 10:05 pm
(3) Cynthia says:

Tara I had the same exact problem, expect my son passed away last August. So basically they stole the identity of a decesed child. IRS will not tell me any details, and I think the other person should go to jail for identity theft since I did not give them permission for this. What became of your case?

January 30, 2011 at 5:23 pm
(4) shelby skelton says:

can u please tell me what happen with this case my grandaugher died last april parents went to file and some one else used her as a dependent this is terrible we have no idea who would do this terrible thing any help i will be thankful..
thank you
shelby skelton

February 9, 2011 at 12:40 am
(5) Michael says:

I had the same problem this week. My son passed away last October, someone else claimed him???

February 17, 2011 at 10:51 pm
(6) samuel achirem says:

My daughter passed away in july,somebody had claimed her on federal tax returns,what should i do

March 26, 2011 at 8:18 pm
(7) laura says:

you have to file a police report for identity theft the IRS doesnt prosecute people for it the only way to have them get into trouble is to contact the police they cant give you info on the person but if the police are investigating it they have to give the police the info

August 24, 2011 at 5:18 pm
(8) esmeralda says:

omg my son passed this last nov and someone used his SSN and now i have to pay more taxes. i’m trying to fix it.

February 21, 2009 at 8:21 pm
(9) taxes says:

The IRS always catches these people because the agency has rigorous programs in place to prevent two people from claiming the same dependent. So the other party will be required to pay back all the tax deductions and credits they took, plus penalties and interest.

July 19, 2011 at 9:18 am
(10) C H says:

That’s not correct! My granddaughters father claimed her on his taxes for the first 3 years of her life, when her mother & her lived with us. We notified the IRS in writing repeatedly and nothing was ever done to recover the “stolen” refund he received!

February 24, 2009 at 1:07 pm
(11) Vivian Nino says:

What an injustice!!! My daughter a full time student had a child and they both reside w/me. I am the sole provider for both and @ times have suffered trying to make ends meet. The child’s father claimed her and my taxes were rejected. Mind you this BOY has never even given the baby a red cent, but is claiming her and as per my accountant will win and get the refund. Me on the other hand will suffer the consequences of trying to feed, clothed and pay for her medical expenses, but God knows I don’t mind she is my grand daughter and will work 3 jobs if I have to. I love my grand daughter!!! But will we prevail?

March 26, 2011 at 8:21 pm
(12) laura says:

your accoutant is wrong because if you both claim you’ll both have to prove your right to the claim and if she really lived with you he cant even if he is the father and you are the grandmother he has no right to claim a child who doesnt live with him

April 18, 2011 at 8:41 am
(13) stormy says:

Vivian Im going through the same thing right now . My daughter to is a full time student and has a child that we have supported ever since the baby came home from hospital . My daughter and granddaughter both live with us all year we are the sole provider also .The childs father not only claimed the baby but he claimed my daughter also .Some how he got my daughters ss number . He has never gave nothing to help support my daughter or the baby . My taxes were rejected saying someone else claimed my 2 dependants.I was wondering how you made out were you able to claim your grand daughter and how long did it take to get straighten out .

April 19, 2011 at 5:23 pm
(14) Tammy T says:

The same thing keeps happening to me. I have submitted my return 3 times ( 2x with turbo tax and 1x with the local free service-United way) it keeps saying someone else claimed my son. He lived with me for 7 months, he didn’t work so I know he didn’t file a return. So now I have to pay $793. I want to fight this…..

June 23, 2011 at 12:37 am
(15) Niiki Brown says:

Your accountant is definitely wrong, and he/she needs to go back to school because if the child lived with you and you have all the proof with you he can get audited. It will take longer for you to get your return but you would prevail and he would be in deep trouble.

March 5, 2009 at 9:43 pm
(16) taxes says:

Vivian, yes you will prevail. Under the rules for qualifying children, the child must live with the taxpayer for more than half the year. Since your grandchild did not live with the father, then the father does not qualify to claim the dependent. You are the only person who meets all the criteria for being able to claim the child.

July 14, 2011 at 12:48 pm
(17) Audrey says:

The only way the father would be able to claim the child is if he is paying child support and it is court ordered that he gets to claim the child

March 11, 2009 at 8:53 pm
(18) Susan says:

I am in the same situation. I have my daughter and granddaughter living with me, and I am the sole support. My daughter has a medical condition and can not work at this time or at any time during 2008. I claimed them and found that my daughters ex boyfriend, the father of my grandchild whom my grandchild has never lived with claimed her. He has spent all the money. He paid one child support payment in Dec 2008 and that was it. My tax man, whom is very good said that he will not get away with it. He will have to pay it all back with interest and penalties. I have some other info to share with you but do not feel comfortable showing it online in case he is reading this. I am sure he is a little nervous after us telling him, he was in the wrong. Email me at buckandsue@aol.com

April 1, 2009 at 12:25 am
(19) RKCH says:

Here is our situation. My husband has two sons whom have lived with us since their mother left. They went the shared parenting route with my husband having physical custody. This did not work out. Went to court two weeks ago and were awarded tax returns on both boys (as well as full custody). We all have already filed our taxes. We need ours ammended and she’ll need to pay the IRS back. Who makes this first step? Do we take the court order papers to the tax prepayer (WHEN we get the papers) or can we go ahead with this? April 15 isn’t far away – I’d like to get this down quickly as it will lower state taxes we owe. Sorry I hope I didn’t confuse anyone too much.

April 15, 2009 at 12:54 pm
(20) Susieq says:

I too just found out today that my taxes were rejected because someone else claimed my two grandkids whom I’ve had custody for almost two years. I suspect their birth mother because she called me a couple of months ago wanting their SS#’s because she claimed she was making them beneficiaries on life insur she was getting. Of course I didn’t give the numbers to her, but she must have gotten their birth certificates from the court house and then went to SS office to get their numbers. Anyway, I called IRS Identify number 1-800-908-4490 and they told me that they will look at the tax returns once they receive them. I then called Federal Trade Comm (FTC) 1-877-438-4338 on Identify Theft. They told me to file a local police report on identity theft and they would mail out an avidavit to me. They also asked me who I suspected used the kid’s numbers, so I told them so they would have it on record. Claiming children fraudulently is a federal offense, so hopefully the birth mother will be caught.

December 21, 2009 at 4:28 pm
(21) tauwana says:

my kids grandmother claimed them on her taxes and didnt get my permission.Ithink that is so wrong since her nor her son does anything for them.I just recieved a notice saying that i will be audit because someone used the same social security numbers as me and Ithink it is unfair because i am their provider with help from no one!

March 26, 2011 at 8:25 pm
(22) laura says:

as long as they lived with you and you worked you should have some kind of proof that they lived with you and that you are the entitled person.

December 26, 2009 at 1:11 pm
(23) Juston says:

Tauwana, this situation is more common than you realize. Also too often does a person who does their own taxes through commercial software think that because they help support a grandchild, they automatically assume they are entitled to claim them on taxes. It is unfair that you have to go through the tedious process of an audit, but rest assured so long as you are truely the one who provided more than half of the child’s support, and you have not signed Form 8332 giving the child’s father the exemption, you will be allowed the claim the child. In this case, the audit will work out in your favor.

January 5, 2010 at 9:52 am
(24) Crystal says:

What to do? I just found out my sister in law is claiming her husband son on her taxes and they dont even have the child. He has been living with his mother in New York for the last three months. When she did live in Florida they would only take him two days a week. do they have any right to claim him? Not only that she isnt even planning on claiming her husband on her taxes. I think they are stupid!

March 26, 2011 at 8:29 pm
(25) Laura says:

I think that this situation is more complicated because they did have them two days a week so they can say she lived with them part time and both parents were entitled to claim them. It’s not uncommon to claim a child and not the husband if it wouldn’t increase their refund they aren’t required to claim their spouse.

January 17, 2010 at 2:06 pm
(26) monquie says:

I have just tryed to file my taxes and was advised that I had already filed. Someone has used my information and filed a fake return what can I do? I think it was the lady I filed with last year? Can she be charged? How can they/I find out who did this?

March 26, 2011 at 8:35 pm
(27) laura says:

Unfortunately, there’s no way for you to figure out who did use your information because in America even criminals have a right to their privacy!! However, you can file a police report and still file your return with the IRS and both will be audited and they can determine who the real person is by doing an audit because the person will have to provide proof of their identity they most likely used a commercial software such as turbotax like my ex did. He claimed me on his return last year as well as my son and this year as well. Last year I gave him permission because he supported us but this year I left him in the beginning of June and have sole physical and legal custody and a RO against him for DV, so he’s screwed he’ll have to repay cus he already spent the money but he thinks he was entitled because he has always been the one to claim the child.

January 18, 2010 at 2:07 pm
(28) Stressed and Tired says:

I have finally met my wits end!! Two years ago my husband and I recieved custody of my two stepsons! For the past two years she has red flagged my taxes by claiming them! Last year I fought for 7 months and finally won! Now once again she has claimed the children and beat me to the punch! Im just curious will she have to pay back the money she basically stole last year? Im just so stressed because of this! Another 7 month battle ahead of me!!!!!!!!

January 18, 2010 at 7:55 pm
(29) William Perez says:

Stressed & Tired: you will prevail again, since it sounds undoubtable that you are entitled to your dependents. The IRS should, as the result of this audit, place a marker on the ex’s file to prevent her from attempting to claim these same child as dependents again, unless she files a special form with the IRS.

January 21, 2011 at 1:40 am
(30) D says:

Same exact scenario here… This is the second time my ex has done this to me. Here I am stuck doing a snail mail return with divorce papers showing the custodial arrangements.

January 21, 2010 at 6:26 pm
(31) Ms.Shandra says:

I have my two nepews and 1 niece in my home thru cps for the second time.Once in Feb and again in june and I claimed two on taxes and had my mom laim anothr since she helped me with appts sleep overs and such but her dep didnt go thru the mom had someone else carry him cause she doesnt work and I was asked by my brother to not file til monday bt i did it friday and I still dont know if mine went thru or not cause I said two weeks what do I do just look at it as a loss or what cause she has nothing of value that would bnefit anybody and she cant pay back money yet I still have to see them for the kids visit.Advise please.

January 22, 2010 at 1:43 pm
(32) Danielle says:

i live with my mother and i dont have any income. but i do have two kids. can my mother claim one child and their father claim the other even though he not living with us

January 22, 2010 at 1:48 pm
(33) Kim Myers says:

my Ex wants to claim the kids but i want my mother to claim them because i live with her. and on top of that i dont have any type of income. if he already claim them on his taxes, what can i do to fight back

January 22, 2010 at 7:12 pm
(34) Liz says:

My boyfriend is unemployeed, his son’s mother is also unemployeed. I know that the mother’s boyfriend claimed the boy on his taxes. Is there anyway for my boyfriend to find out who indeed claimed his son?

January 25, 2010 at 11:06 pm
(35) Tawana says:

Last year i had 3 sibling in my home by the way of foster care. from 1/1/09-7/31/09. I went to do my taxes ,was told they were rejected some one used the numbers. Whay can I do>

January 26, 2010 at 1:47 am
(36) fighting back this time says:

my ex-husband claimed our two kids on his taxes this year even though they both resided with me last year. i have to mail my tax return to the IRS because it was rejected and they said if I show proof that they lived with me then I will get to claim them and he will be in trouble with the IRS. I am wondering if anyone else has gone through this and if so how long it took to get your refund? Thanks!

January 26, 2010 at 1:51 pm
(37) William Perez says:

See the article about tax audits over dependents.

January 27, 2010 at 9:16 am
(38) laurie says:

my 18 year old daughter had planned to file her own taxes and claim her newborn. her boyfriends mother went yesterday (01/26) and claimed my daughter and her baby. what can we do?

January 28, 2010 at 3:38 pm
(39) William Perez says:

Laurie, I refer you to the fourth paragraph above. Basically, your daughter should file her own tax return claiming herself (as an independent) and her child (as a dependent).

January 30, 2010 at 4:21 am
(40) scott says:

My ex-wife did not work last year and is allowing her boyfriend to claim my child. I pay child support, she gets welfare, oil assistance, etc. (Therefore, she is not claiming he lives with her.) She will not sign the form to allow me to claim my child. Why shouldn’t I be able to claim my child if she doesn’t? This doesn’t seem fair just because I don’t have primary and I support my children.

January 30, 2010 at 4:21 pm
(41) William Perez says:

Scott, noncustodial parents are not allowed to claim the dependent unless the custodial parent waives her right to claim the dependent. In other words, you don’t qualify to claim the dependent because the dependent does not live with you for more than half the year.

February 3, 2010 at 12:46 pm
(42) Andrea says:

I am fairly new to this whole “tax thing”, being only 22 && usually having them done professionally… Well, this year, being as I was short on money && knew I wouldn’t be receiving a large refund check, I decided to efile. I have 1 dependant, my son, who is 3, and I have claimed him every year since my separation from my husband[Oct. 2007]. He lives with me full time. I take care of everything… Medical, clothes, transportation, food, necessities, etc. His father, who hasn’t contributed anything in over 2 years, let alone SEEN him, decided to claim him without my consent && resulted in my federal and state taxes being rejected. Am I wrong to be angry?? Is there anything I can do about it?? Like I said, I’m new to this… I haven’t a clue how to go about it. I’ve been on several sites, each one saying something different… That the rules are somewhat different for couples who are separated, but considering he hasn’t helped with child support this entire year[or the year before!], nor has he even bothered with his son, shouldn’t I have the right to claim my son?? Though it’s not legally documented, I AM the custodial parent!! He’s lived solely with me for the past 3 years! Help!! I’m confused and unlike his father, who probably blew the money on HIMSELF, I fully intend to use it on my child. We really need this money right now. Help. Please.

February 3, 2011 at 1:43 am
(43) Bea says:

This happened to me in the past. You need to proceed with filing and list your son as your dependent. You will have to mail in your return to the IRS. Unfortunately, it will take longer to get your refund, because your return will have to go through the audit process (because of the other individual claiming the same dependent). However, based on the information you posted you will get your expected refund amount. The other individual will have to pay back the extra money he received, plus penalties and interest. The down side is, this is a timely process and you can no longer expect your refund to be received, as soon as you needed it.

February 6, 2010 at 1:01 pm
(44) clb says:

i filed my taxes but i got a rejection statement back so i tried to do it again and it said the same thing but it also said the reason it was being rejected was because either someone had already claimed my duaghter or me and i believe my dughters dad did it but im not for sure what should i do when i ask him did he have her info he said yes so what should i do now

February 7, 2010 at 2:01 pm
(45) brandon says:

I claimed a kid for a family member last year. Well I did my taxes this year the same way. But she informed me that she was claming the kid. But I already filed and spent the cash. Do I go to h n r block and have them ammended right away or just start over. I’m so confused and lost I need help. I don’t wanna get n trouble. But I got the insurance threw h n r block will that help. Anyone please help

February 8, 2010 at 7:23 pm
(46) Mike says:

What if my ex gives my sons information to someone else and we both claim him as a dependent. I get reject and they get the credit. Can they legally do this? She does not work.

February 10, 2010 at 2:59 pm
(47) shannon says:

my grandma has been takin care of me and my children for the last 8 months and she did her taxes last week and now they r tellin her someone else has claimed my youngest child which cannot be true cuz my sis was goin to claim her but coulndnt becaue she didnt have her more than 6 months so i want to know what will happen with my grandmas return now? will she still get it for all 3 of the kids?

February 11, 2010 at 11:32 am
(48) Aaron says:

I just tried to e-file my taxes and they got rejected, it said someone already claimed my daughter, now i guess i have to mail them in, my question is, how long does it take to complete the process?

February 17, 2010 at 11:08 pm
(49) valerie says:

My husband and I have been separated for about 4 years and I have been filing as head of household since then and have always claimed my 3 children. I worked last year only until april and then went on public assistance. He has been helping with my 3 children on and off and I think it would only be fair to let him claim 1. My question is will that affect my public assistance since the three are on my case? Any help will be greatly appreciated. thanks.

February 19, 2010 at 7:20 pm
(50) Hazel says:

I am with Tara and Aaron on this. My tax preparer had tried twice and both were rejected stating that one of my kids has already been claimed on somebody else’s return. My husband and I have been married for 12 years and are full-time parents to both our kids! We’ve NEVER had anything happen like this before! Any suggestions? I hope that whoever is doing this will rot in he%#!!!!

February 22, 2010 at 9:00 am
(51) Mom of 4 says:

My husband and I are not together and havent been for 2 years. We have 2 children together. The children live with me and have since birth. He sees his children 4 days a month and thinks he can claim them on his 2009 tax returns. I collect SSI for my one daughter. If he claims my son will this effect her SSI? Does he even have the right to claim my son?

March 17, 2010 at 10:20 am
(52) mariah says:

my sis tried to be sneaky and let someone else file her child and now all of them sittin in jail looking crazy and now she wish yshe wouldnt have done it but its to late now she should have thought about it before she did it and you dont need their ssn you just need a name and they will investigate

March 17, 2010 at 9:05 pm
(53) anna says:

my son has lived with me all of his life. i was 16 when i had him and the guy “so called father” was 21. he has never done anything for my son but has seen him 5 times. and now his girlfriend is the one picking up my son for the weekends. but theres a catch! they want to claim him on there tax’s. “he didn’t pay child support for 1 1/2 years” and on the 5th visit they asked if they can claim him! Can they claim him? even if he is living with me 5days a week? the reason for the question is because they say there going to buy him clothes when they have him and buy him every thing he needs but it will all stay in their house! someone please help me and answer my questions! thanks

March 20, 2010 at 12:20 pm
(54) messy but doable says:

I am another grandmother with a daughter and grandchild living with me that I supply all of my daughter’s support and most of my granddaughter’s support. My granddaughters father claimed her also in 2007. I mailed my return and the audit letter came in August. It was a long and loborous ordeal, but finally in Jan 2010, I got the letter that they had ruled on my side. My examiner was a very unpleasant lady to deal with. They rejected what the school first gave us as proof of her enrollment. We got a more detailed report and faxed it in. Three times I was called weeks later and told that it never was sent and that my case was being closed and that I owed. The last time I was a nervous wreck and broke down. I asked for a supervisor. I did not get to speak with one, but I was given the examiners personal fax number and a promise that she would call me back in 3 days. She did not call me back and would not return my messages. Six weeks later, I got the letter stating that there was no change to my return. I am hoping since the father now has to payback with penalties this won’t be repeated.

March 28, 2010 at 5:20 pm
(55) lucy says:

I have a question, last year my ex was granted temp custody of my 2 sons on March 13th. We went to court and I was granted primary custodian on Oct. 15th. I’ve always had my kids with me. Even when he had temp. custody. They actually only were with him maybe an accumulated total of 1 month out of the whole year. I filed taxes claiming both and then he filed claiming one of them after me. Now the IRS is ‘investigating’ . What do I do? I still was their primary provider throughout that whole ordeal. There is NO court order in place in regards to who claims who during tax time. He has never paid child support! Please give me some advise. And thank you.

April 21, 2010 at 8:13 pm
(56) Sammy says:

Aaron,

We had the ex claim our son and our tax lady said to send in the proof with our tax paperwork via US mail. It did not take long (probably 3-4 weeks, until we received our refund in our account. I asked our accountant if we should be getting a letter or anything and she said no that the fact that we received our full refund in our account was the only reply we would get. My question is… when will the other parent get audited or at least their letter in the mail…just curious really.

July 5, 2010 at 10:57 am
(57) Confused says:

I have a 17 year old brother living with me for the past 2 years. This year I believe my older brother claimed him on his taxes . What can I do ?? The 17 year old lives with me not with him …

July 5, 2010 at 5:48 pm
(58) William Perez says:

Confused/Ruth, I would recommend talking to your brother about this issue. It will be easier if the two of you work it out before you get the IRS involved. Basically you should review all the criteria for dependents, and in particular the tie-breaker tests used if two or more people claim the same dependent. After you determine who is most eligible to claim the dependent, then you should file your tax returns accordingly or revise previously filed tax returns as the case may be.

July 5, 2010 at 11:14 am
(59) Ruth says:

I have a 17 year old brother who has been livin with me for the past 2 years. This year my older brother claimed him on his taxes without my permission! What can I do?

August 27, 2010 at 5:00 pm
(60) Abby says:

I have a 3 1/2 yr old son and live with my mother i did not work last year and was in school so i did not have a return to file but i was on public assistance for myself and my son which has me listed as hid guardian my mother was going to file her return and had asked if she could file him as a dependent and i told her no because i didnt know how it would effect my benefits only to find out that she used his social anyway without my permission i do not think this is right or should be allowed what can i do?

November 4, 2011 at 3:48 pm
(61) Robin says:

I was told by the IRS that you do not need the permission of the parent. If you can prove the dependent lived with you and that you contributed more than 50% of the support, then you can claim them as a dependent. (I told her that my daughter had sole custody and was giving me permission, and she told me that I didn’t need permission.)

December 28, 2010 at 7:29 pm
(62) Cindy says:

i was wondering…i have a 15 year old girl who has been staying with me for the last 7 months her monther sends me money (every now & then) can i legally claim her on my taxes?

January 1, 2011 at 6:42 pm
(63) Sandra Robinson says:

I was wondering how many depends can you claim. I also had a question. I raised my grand children for the past year. Meaning they lived in my house and I feed them and clothed them. Do i have the right to use them on my taxes even though their mother don’t want me to.

January 16, 2011 at 12:31 pm
(64) Tom says:

I was divorced in 2005. I was the non-custodial parent. We had it set in our agreement that every other year one of us claimed 2 children and the other claimed 1. In the spring of 2009 a new consent order was granted and I became the custodial parent. They reside with me and the mother has visitation every other weekend. The mother has substance abuse issues and could not care for the children. Since she has made no financial contribution to the children since the new court order, I claimed all 3 of my children on my 2009 taxes and plan on doing the same on my 2010 taxes. The new court order does not state anything about taxes. The mother claimed 2 of my children after I already claimed all 3. She obviously mailed it in. I am sure we will be audited soon. My question is Since custody has changed, will the old court order be used to state who claims the children?

January 16, 2011 at 7:55 pm
(65) William Perez says:

The IRS is not obliged to follow a court order. The IRS determines which taxpayer is most eligible to claim the dependents based on all the facts and circumstances for the year in question. Thus the first line of defense as a taxpayer is to make sure (and document) that you meet all the criteria to claim your kids as dependents under the qualifying children rules. Those rules are carefully designed so that at most only one taxpayer will qualify.

January 21, 2011 at 8:28 pm
(66) Melanie says:

I dont think a court order matters, as long as you can prove that the kids stayed with you for at least 6 months and 1 day, you will win the audit. Since she mailed hers in, it will get rejected and they will more than likely audit HER first, and the burden of proof will be on her. But make sure you know where to get your supporting documents as well.

January 17, 2011 at 3:05 pm
(67) paul says:

me and my ex split up 2 months befor the end of the year and i tried claimin him on my taxes it was rejected due to fact some one else claimed him which is my ex and i supported her and my son the whole year she made 3 grand this year and i made 9 grand there is no way she could of supported her self or my son with out me now i am not gettin hardly any thing back and its bull is there any thing i can do to right this wrong cause i supported her and my son this year and i really needed that money to get a lawyer to get my son fully i am so pissed of i dont kno what to do

January 21, 2011 at 10:04 am
(68) Mommy of 3 says:

Here is my situation:

Me and my husband and our 3 children (all under 4) live with his parents in their house. I am a homemaker and my husband has been getting unemployment for the whole year due to the fact that he has been a full time student and because he lost his job back in Sept. 2009. Now, though we are both unemployed at the moment, we have supported our children from clothing to food and other grooming necessities (bath soap, lotion, shampoo etc.). Now occasionally, his mother would buy the kids the things they need and now since it’s time to do taxes, his mother wants to claim our 3 kids on her taxes because claiming them on ours would not make a difference in our tax return because we have no earned income so we can’t get any credits for them. So I would like to know, does she have the right to claim them? And doesn’t the IRS monitor when we claim our kids and don’t?

SN: My husband and I also came to conclusion that we really don’t want her to claim the kids because it just doesn’t seem right. What would you do if you were in this predicament?

January 24, 2011 at 5:06 pm
(69) Shantel says:

My sisters is 21 and has a son and just finished college. When she filed her taxes last year she didn’t get much back because her stepmother claimed her. My sister has never lived with this woman. She has been providing for herself working two jobs. I was wondering when she files her taxes this year and is told she can’t get file for certain tax credits because someone is claiming her as a dependent what steps is she suppose to take?

January 25, 2011 at 1:01 pm
(70) Jennifer says:

I just found out that my aunt claimed my son last year on her taxes. He has never lived with her. She has never provided anything for him. At that point, I don’t think he had ever even been to her house. I did not give her permission to file him. I was pregnant with him for half of 2009 and after he was born, I stayed home with him. I did not have a job in all of 2009 so I did not file taxes last year. I am just now finding out about it. Is is to late to do anything about it? What steps do I need to take to resolve this? It just makes me sick to know that someone else that doesn’t even have an active role in his life, got back money for him. I am the only one that had the right to claim him. His father has never been there and I couldn’t so he should have never been claimed on anyone’s taxes last year. What do I need to do?

January 25, 2011 at 3:56 pm
(71) William Perez says:

You can inform the IRS of the situation. Read over the instructions on IRS.gov at http://www.irs.gov/individuals/article/0,,id=106778,00.html

January 28, 2011 at 3:41 pm
(72) Julia says:

I recently did my taxes and claimed my son from a previous marriage. As of April of 2010 my ex and I signed our divorce decree and I agreed to let him claim our child in 2009 and I would claim in 2010. We agreed to this in front of our lawyers but it was not put into the decree. After I claimed my son this year, my ex said he had him more time then I did so he was going to call the IRS. On paper, my ex did have our son longer than I did, but since his parents and I have a good relationship, I am aware that our son stays with them every tuesday – wednesday (they pick him up from daycare in the evening and drop him off the next day). Thus, giving me more time with my son than my ex. Because of this, do I still have the right to claim my son or does my ex?

January 31, 2011 at 5:50 pm
(73) stacey says:

how bout this one…….my kids were in foster care till may, they moved back in with me at that point (may) theyre foster parents claimed them and i have them recorded to admitting to claiming them. what am i supposed to do. i want her put in jail for having my kids info and trying to claim them but now i ahve to suffer through all this just to get my taxes filed which can take up 3 months. this is rediculous. the process should be different. i have papers on hand sayin when they lived here. i should be able to show this and file it with my taxes and get my refund and they should be punished for what they did. there shouldnt be any “oh we gotta look into it” crap.

February 14, 2011 at 7:24 pm
(74) N&N'sMom says:

Foster parents ARE allowed to claim the children in their care if it was for a certain amount of time. If they were the primary caregivers during that time they have every right to claim them on the taxes – and no – they won’t be thrown in jail for it. We have had foster children in our care – 10 of them in a year & half – we didn’t claim any of them in 2009 because they weren’t with us long enough – the previous foster parents were able to claim them instead. However we will be claiming 2 that we had from Jan-Nov of last year. It’s unfair and illegal for the birth parents to claim them (or let other family members claim them) when they’ve not been in their custody.

February 1, 2011 at 8:55 am
(75) Theresa says:

I have my grandaughter,her mother and her mothers boyfriend living with me. I have been the sole supporter of all of them for quite a while now. I was told my by granddaughters mother that i could claim the baby (my grandaughter) i told her that i would give her some of the money just to help her out now she wants more of the money then we agreed upon. when i told her no she said she was calling irs and telling them that she did not give me permission to claim my grandbaby. do i have to have her permission to claim the baby if i was her sole supporter. I can prove that she is living with me and that no one in the house is working but me and that they have never worked since they moved in i also have text messages from her stating that she was going to let me claim my grandbaby. Someone please tell me what to do i donot want to get in trouble with the irs.

November 4, 2011 at 3:54 pm
(76) Robin says:

You do NOT need her permission if you provided more than half the support. Furthermore, if she and her boyfriend did not make over $3000 during the year, you can claim them also.

February 4, 2011 at 3:55 pm
(77) Arkarenda says:

Well in my case I have an eleven year old son, father has never once in his life did anything for him but pay child support. My son just met him for the first time Dec. 2009 and hasn’t had any other contact. His father didnt even know his first name, he always referred to him by his middle name, anyways I filed my taxes yesterday and checked the status and I was rejected because he had been claimed already and his father is the only person that could have did this I’m guessing he got my sons info from his sister who works within the child support office. Im really pissed what can I do I already sent in return to irs

February 4, 2011 at 8:37 pm
(78) Tosha says:

I have 2 children and custody of my neice since 2008. I had no problem filing taxes last year but this year, I was told I could not efile because one of my dependents has been claimed. I contacted the IRS and was told they could not tell me which child has been claimed as a dependent. I then mailed my taxes per the IRS. What is the process? Will I ever find out which child was being claimed fradulently? Since the children lived with us last year, will I get my refund. How does this process work?

February 5, 2011 at 1:19 am
(79) Arkarenda says:

Tosha when your refund was rejected the explanation should have stated which dependent was claim like in my case it stated the 1st dependent listed on my return. I also spoke with the irs they will review your return and both parties will receive a letter about the dependent and will have to provide proof that they were entitled to claim the dependent more than likely you will get your refund and the other party will have to pay back and be blocked from using that dependent again

February 10, 2011 at 8:08 am
(80) spring says:

going thru this at the moment except we obtained permission from the mother to claim the grandchild as we were pretty much the sole providers for her for the year because her mother had no income except foodstamps however now we are going to have to fight it with irs cause the mother is saying now that she is going to claim the grandchild after we already have because we are in the middle of a huge family argument i do not think it is right or fair that these children go and have children they cant support and expect the grandparents to support them all year and then turn around and want to cause all this stress because they dont get their way on something

February 13, 2011 at 11:47 am
(81) J Dawg says:

Heres the situation. I split from my ex in Jan. 2009. After 9 months I went to mediation, got sole custody of my kids and they live with me year round. When I filed taxes in 2010, I was audited and penalized for him giving false info on he 2009 tax return. Its now 2011 and I am getting audited again. We have an agreement, the odd years I claim 1 child he claims 2. The even years he claims 2 I claim 1. H&R Block feels he is claiming all 3 kids to get the full refund. The kids have never lived with him and I have not any forms or wavers giving him the right to claim all three. What to do now? I am pissed every tax year I get audited cause he gives false info or keeps trying to screw me over. I only make $12,300 a year for a family of 4 and need that money to stay on op of my bills. Jenn

February 13, 2011 at 3:54 pm
(82) H Bryant says:

I have just been notified that my federal return was rejected because someone else claimed the great-nephew that lived with me almost all of last year. OK. How do I go about ensuring that an audit is performed by IRS? I welcome the audit since I am convinced the person who claimed the child is committing fraud and income tax evasion. I did not itemize, nor claim head of household, had court ordered guardianship for the child while the mother was collecting state aid and food stamps while living in a an apartment that is paid for by her mother. I am up for an audit. How do I guarantee that there is one?

February 18, 2011 at 9:22 am
(83) D's Dad says:

Michael and samuel achirem – My heart goes out to you both.

My 16 month old son “passed away” @ daycare this past September. We are still awaiting the final results from the CDC headquarters for cause of death. (over five months now….) We do not even have the “finalized” death certificate yet. It’s the worst thing that can happen to a parent – losing a child. To make matters worse the IRS will not allow you to claim funeral expenses and the second (independent) autopsy we had performed at our expense. To add insult to injury (as we wait day by day to find out what really happened to our son) – now our tax refund has been rejected as well because someone else claimed our deceased son on their taxes. We’ve ruled out family (my wife’s family lives in Eastern Europe), friends, clerical mistakes on our return, etc… so now like everyone else on this board, we to have to prove to the IRS that our child (in our case, deceased) is in fact our dependent. From my understanding once caught, the party claiming my son would have to pay back the IRS (with fines and penalties, and cannot claim a dependent credit for a number of years going forward…That’s it!!! – and the IRS will never tell us who that person is!!! – they should be prosecuted!!!)

February 19, 2011 at 8:03 pm
(84) apryl says:

My situation is my ex husband asked if he could claim our child after he walked out at the beginning of 2010 and paid nothing for him in support all year I said no he did it anyway so I filed by paper I can more then prove he had no right the same thing happened I found out in 2008 when we were sepearated and he has yet to pay that back and again I can prove our child lived with me then too but I really need my refund this year so how much of a delay am I looking at?

February 22, 2011 at 2:46 pm
(85) Cindy says:

I’m kind of in the same boat. I was told anywhere from 4 to 6 weeks. Hope this helps.

February 22, 2011 at 2:43 pm
(86) Cindy says:

I am a divorced mother of two my children have lived with me the 6 years after my divorce. My ex husband and I clearly stated in our decree that he claimed a specific child every year and I claimed the other. After he remarried the pevious year he decided to go behind my back and claim both of our children. I am currently awaiting the IRS to fix the problem.

February 22, 2011 at 5:13 pm
(87) connors mom says:

My son 2 years old passed away september last year and someone has now claimed him. What do I do?

February 22, 2011 at 7:30 pm
(88) helpmeout says:

My messed up situation: I had joint custody of my three children with the mother having them live at her physical address. However, I picked them very very frequently during the month and woule take them to school. The mother never worked and i provided sole support to my children. On july 16 I ws notified of some UNSPEAKABLE events done to my daugther by the mothers boyfriend while in her care and I took them to my house and did not give them back until I was granted emergency custody on July 23rd 2010. I kept them all the rest of 2010 (they are still in my care.) From the time I brought them to my house until dec 31= 169 DAYS. My ex already claimed the children (which is odd to me since she held jobs for only a few days through the year.) My question is if I had them at my house (I would say 8-10days a month) throught the year and then took them in my care on July 16th (169days) will I have a leg to stand on when I mail my taxes in which I have claimed my children. And what paperwork should I get together to prove they were in my care? Will my joint custody divorce be enough or what other ways can I prove that I had them and took them to school. Thank you to anyone who can help me.

February 23, 2011 at 10:39 am
(89) Vee says:

I have a neighbor who has a forster/Adopted son who I’ve been raising since 9 years old. She claims him but does nothing for him. He basically lives with me and my children. He wants to know how he can find out if he’s being claimed. He is eighteen now and would rather I claim him since I takee care of him.

February 28, 2011 at 1:13 pm
(90) andre says:

my mother claimed my daughters on her taxes with out my permission.. I have full custody. what can I do??????

February 28, 2011 at 10:19 pm
(91) William Perez says:

Prepare your tax return as you normally would, and claim any dependents you are eligible to claim, and mail in your tax return for manual processing.

March 27, 2011 at 8:12 pm
(92) I WON, hopefully says:

My husband found out he had a 17 year old daughter in 2009, in January 2010 she moved in with us, her mother signed a power of attorney that expired at the end of October, I spent that entire year dotting my i’s and crossing my t’s knowing the useless mother would try to claim the daughter. In January she called and said that she claimed her because her accountant said she had the right and we did not. We proceeded with filling our taxes February 8, 2011, providing all documents from her school, the power of attorney and juvenille probation (cause the mother would not send her to school), we have not heard anything from the IRS, however my refund was deposited in my bank this weekend. Does anyone know if this could be a mistake, I thought we would hear from them first.

March 29, 2011 at 12:15 pm
(93) ruby lee says:

hey everyone, im reading all the comments but i havent found my answer yet. in my case my when i just went to file my taxes, they were rejected because i guess someone filed under my name. what should i do because i am very angry and i feel as tho its not right that i am not able to recieve the money that i have worked all year hard for. any info to help please let me know and you can also email me at diamondclayton@yahoo.com

April 11, 2011 at 3:24 pm
(94) Father says:

My ex-wife has always claimed the 2 older kids and me the youngest, that is accoirding to decree and it applies till they graduate from high school. She claimed the oldsest in college I just found out and kept the tax break for herself. She chastized me as our son, who is 20, claimed himself as he was at college and wanted the refund (both parents helped financially).
The question I have regards the youngest, she will start college in the fall and since time at college is a tempoary absence and either parent can use that as time with that parent, what happens?
I plan on claiming the youngest, then giving the youngest the amount she would have got if she claimed herslef. I would rather not get into a discussion with the mom on this as it might be akin to kicking a hornet’s nest.

April 16, 2011 at 9:22 pm
(95) College-bound deductions says:

I am the custodial parent of my daughter who turns 18 in July. My ex pays child support (although behind a bit and hasn’t had visitation in 4 yrs) and, in the divorce decree from 17 yrs ago, was allowed to claim her every year on taxes as long as he pays support. My husband and I are paying $22,000 to send her to college this year and need the education tax credit. Problem: my ex claims her as a dependent and this causes us not to be able to claim her as a dependent which has to happen in order to qualify for the education tax credit. Is there any way to get around this?? Is it worth going to court to have changed? I have never signed the 8335 tax form relinquishing my rights to claim her. Anything would be helpful!!

September 19, 2011 at 2:00 pm
(96) Jennifer says:

My husband abandoned me and our 11 yr old son in 2006. He has NEVER given me any child support/money to care for him. I am now living with another man who has been providing for us since november 2010. I am no longer working because i was laid off of my job. My soon to be ex now claims that he is GOING to claim our son on his taxes. My son lives with me 365 days per year and has not seen his father since 2006. Does he have a right to claim him on his taxes? Can my boyfriend claim me and my son as dependents since he is the sole provider (HOH)? What should I do to make sure that my ex doesn’t claim him on the taxes?

October 12, 2011 at 5:09 pm
(97) Linda says:

My daughter just received a bill from the IRS stating that she claimed her sons and the IRS is not allowing it. Let me explain:

Son #1 she claimed him because even though it was not her year, said father was significantly behind in child support and the court documents clearly state that she can claim the child if this is the case. She felt $3500 behind fell under “significant”

child #2 long story but lose dad #2 is the custodial parent. 2009 was her year to claim the child bur loser dad also claimed the child even though the court order gives her the dependant. Any one able to help? I assume I will need to consult a tax attorney. uuuuuugggggggghhhhhhhhhh

October 17, 2011 at 8:59 pm
(98) T richardson says:

What if I have a court order that says that I am to claim the child on my taxes and the mother has already filed her taxes and what if this goes back 4 years ?? She asks me for money every year to use my child on my taxes and the child doesnt reside with me ???

November 30, 2011 at 5:51 pm
(99) Red says:

if my mom had my son the first part of the year and i have him now.. i have had him more then her. who can claim him on taxes and if i claim him will i get into trouble if i do so.. how can i show them i have had him more then 6 months?

December 5, 2011 at 5:34 pm
(100) William Perez says:

Red, you can claim your son as a dependent if you meet all the criteria for a qualifying child, and one of the criteria (as you mentioned) is that your son lives with you for more than half the year. You can demonstrate that your son lives with you by keeping documents showing the child’s address, such as school records, medical records and similar documents.

December 4, 2011 at 6:54 pm
(101) Mack Bryant says:

We all have the same problem with the irs i been filing my 2 granddaughters for 5yrs now 4weeks ago i got a letter stating im been audit sent in all the proof they ask for and still they said i own them money whats going on cant they see im the only one been filing them now they are telling me someone else have file them im going to fight this till the end they are lazy the are not doing there job why do honest people have to suffer for what other people are doing wrong

December 5, 2011 at 5:48 pm
(102) William Perez says:

Mack, I understand your frustration. The IRS very often doesn’t make it easy for taxpayers to understand what’s going on and how best to defend their tax return. What’s going on for grandparents in this situation goes something like this. Multiple taxpayers may be eligible to claim a dependent using the qualifying child criteria. If multiple taxpayers do in fact claim the same person as a dependent, then the IRS will audit these tax returns in order to determine which taxpayer is most eligible for the dependent. There are tie-breaker tests (which I detail on the page linked above). Under the tie-breaker tests, the dependent goes to the parents before other types of relationships. But the tie-breaker tests are only used in the case of an actual tie. What’s first required is an analysis of the four qualifying criteria: Residency, Age, Relationship and Support. Often a crucial factor to break the tie is the residency test. The taxpayer with whom the child resided more than half the year usually gets the dependent. If more than one taxpayer meets this test, then you go to the tie-breakers. So bringing this back to your audit situation, you’ll have to demonstrate to the IRS that the child resided with you for more than half the year AND that the child did not reside with either parent for more than half the year.

December 4, 2011 at 7:27 pm
(103) Tanyelle McNeal says:

ME AND MY SPOUSE FILE TAXES REFUND TOGETHER WITH SOMEBODY OFF THE STREETS SAYING THAT WE’LL GET MORE BACK AND THEY ARE STILL CLAIMING US ON THEIR TAXES ABOUT 3YEARS NOW.SOMEONE BEEN CLAIMING US FOR THE LAST 3YEARS AND LAST YEAR I COULDN’T FILE FOR MYSELF. SO WHO DO I TALK ABOUT THAT AND WILLINGLY TO EXPLAIN!… NOW THE IRS SAY WE OWE THEM BACK.

December 5, 2011 at 5:50 pm
(104) William Perez says:

Tanyelle, is the IRS saying that someone else claimed you or your spouse as a dependent? Or is the IRS saying that someone else claimed one of your children as dependents? I ask because these are slightly different situations.

December 5, 2011 at 10:29 pm
(105) mike says:

I’m a young father who’s daughter was taken away by my ex. I pay child support and I really don’t understand the tax law’s. Am I able to claim my daughter for taxes? Please any information can help.

December 5, 2011 at 11:42 pm
(106) William Perez says:

Mike, you’re not eligible to claim your daughter as a dependent. Only the parent with whom the child has resided for more than half the year gets to claim the dependent.

December 13, 2011 at 7:25 pm
(107) Mark says:

My wife went back to court to regain full custody of her kids from her ex-husband atleast 10 yrs. ago. At that time the judge overseeing the case, said that the mother was allowed to claim one child as a dependent, and the father could claim one as a dependent. The children didn’t stay with him they lived in our house and just had visitation with him. We kinda found out all this time later, that a local judge did not have the authority to overide the tax law that states to claim a dependent, they must be living with you atleast six months of the year. My question is, can we go back and legally claim the child as her dependent for all those years, he was not legally able to claim the child?

December 15, 2011 at 10:35 pm
(108) Jennie says:

My fiance’s exs boyfriend claimed him two children last year his ex and her boyfriend adimently deny that he lived with her at that time because he is a felon and she was in subsidised housing. She didn’t work and lived off TANF for 2 years so could not file a return at that point no custody was in place, my fiance tried to file his 2010 return and it was returned and is now with the IRS and he has to do everything but give a pint of blood to prove they’re his kids. Now he has primary residencey and its liste din the court order he has the right to claim the children as dependents unless she wants to pay for both his and her return and then if she decides to claim the kids has to pay him the difference of the EEC so it makes it pointless for her as in the end it will cost her money out of pocket. My question is since i have lived with him the past year and he has legal right to claim his children as dependents can he giv eme permision to claim the children as dependents on my return since I have been supporting them as well or so I still need the ex’s permision? (not that she granted him the same curtousy when she had her bf claim their children). I just want to be sure its not illegal tho she shouldnt be filing a return nor should her bf be claiming the kids this year due to the legal order so only one person shoudl be claiming the children this january, but I want to be sure if he has me claim the children and she tho illegally again has her bf clam the kids will I get in trouble if i have the parent that was provided the right by a judge in a court order to claim the dependents permision?

December 31, 2011 at 8:45 pm
(109) Stressed says:

How do I go about stopping my daughters father fromletting someone else claim her, shes been with him for a year but he owes back child support and lets someone else vlaim her because I would get the money if he actually filed. I need the money to get settled in a permanent placr so she can come back with me.

December 31, 2011 at 8:45 pm
(110) Stressed says:

How do I go about stopping my daughters father fromletting someone else claim her, shes been with him for a year but he owes back child support and lets someone else vlaim her because I would get the money if he actually filed. I need the money to get settled in a permanent place so she can come back with me.

January 4, 2012 at 11:57 am
(111) Tenika says:

My sons father has been filing him for years on his taxes since i been receiving social security, even tho he lives with me and i wanted to know is that right? He does pay child support. I’m also gonna be going back to work soon and recently got married and his step father been in his life for over 3 years is he able to file for him? HELP PLEASE…

January 12, 2012 at 4:18 pm
(112) Tony says:

I’ve been audited for this very thing. My sons mother claimed em the same year as I(2008). They’ve sent me a notice of deficiency & a bill, disallowing the exemption even though I have sent them form 8332 that she has signed & I sent them a copy of her amended tax return removing him as an exemption. I don’t know what else to do.

January 15, 2012 at 11:50 pm
(113) William Perez says:

Tony, send your case to the Appeals division of the IRS.

January 19, 2012 at 9:22 am
(114) Marie says:

I read my court order wrong and I claimed my son when it is my ex husband turn .

January 19, 2012 at 11:04 am
(115) JOSIE says:

My husband and I just had a daughter in june, we are filing a join return and it comes saying someone else claimed her??

January 20, 2012 at 3:46 pm
(116) Kiki says:

What should i do if my child’s father carries my son on his taxes without my permisson even if he wasn’t working?

January 22, 2012 at 10:05 am
(117) ER says:

I have the physical custody of my 2 children who lives with me the entire year. I have a full time job and my ex paid child support, we both live in different states. Twice in 1 yr he took me to court because he wants to claim one of my children, the first time the judge said he cannot decide for us, but the second time the other judge approved him and he is forcing me to sign the form 8332 otherwise the court would do it if I refused. Can the court decide over my dependents? In my opinion the IRS is a federal law not a state law. On the state that I live there is no a state taxes only federal. I feel my rights has been violating, can the court do that?
Thank you.

January 24, 2012 at 12:22 am
(118) William Perez says:

ER, your question should be addressed to a tax attorney.

January 24, 2012 at 10:40 am
(119) songbirdnee says:

Its funny how the IRS will let someone claim children fraudulently and not want to help prosecute the criminals involved, but when a business person does something they hunt them down come to their house and hold paychecks to make sure the goverment gets whats due to them, we as people need to realize that America is not the protectors over its people like it use to be and that anything attached to the goverment is made to screw the people not for the people anymore.

January 26, 2012 at 10:35 pm
(120) Nikki says:

My sister’s children father filed my niece and nephew last year. but hasn’t given any child support and now is unemployed. I’ve been caring for my niece and nephew for eight months. am I able to file them since their father did it last year? will I be in trouble?

January 28, 2012 at 2:48 am
(121) emily says:

I am having an issue. I am 17, I got pregnant when I was 15 I lived with my mother 2 and a half years and she paid for my son. I just recently moved in full time at my boyfriends parents we have lived here 5 months including january. My boyfriend is 19, he would be filing but he has switched jobs a lot this last year so he just decided not to. But we buy all the stuff for my son while living here. My mother was going to claim my son but she went to file her taxes and they were rejected, because my boyfriends mother claimed him already. This has to be illegal in so many ways, first off she stole the social security card and did it behind our backs because we both told her my mother was going to claim him. What should I do?

January 28, 2012 at 3:35 pm
(122) William Perez says:

Emily, sorry to hear of your troubles. First, don’t jump to a quick conclusion about who claimed your kids as dependents. Instead, ask various people whether they claimed your kids and try to find out who. Whichever taxpayer is most eligible can claim the dependents. If the IRS rejects the e-file, then that person should mail in the tax return for manual processing. Whoever claimed the kids inappropriately should amend their tax return to remove the dependents, else both taxpayers will face an IRS audit.

January 29, 2012 at 10:02 pm
(123) amanda says:

Husband and I have recently seperated after seven years. We both worked all of last year. He somehow found the kids social security numbers and filed his tax returns listing our two kids as dependents. Without my permission.. adding that I could file my taxes by myself. He made a lot mor money than I did. Can he do this? Can he claim the kids without my knowledge?

January 30, 2012 at 8:18 pm
(124) William Perez says:

Please refer to my article on resolving disputes over dependents. The short version is that you will need to work through the definition of qualifying children to see if you’re eligible to claim each child. Next, you’ll work through the tie-breaker tests (listed on the same page) to see if you or the father is most eligible to claim the kids. If it turns out that you are the most eligible person, then you’ll need to file your tax return on paper and mail it to the IRS for manual processing.

January 30, 2012 at 10:53 pm
(125) Worried Aunt says:

I have my sisters 4 children since april 2011 till this day, Im getting welfare assistance and i recently got granted temporary custody, i filed my tax return and get a reject for two of the children because someone else claim them I know there Mom knows there ssn’s and everything and gave them to who knows who but I dont know what to do? help me

January 31, 2012 at 12:52 am
(126) William Perez says:

Worried Aunt, please work through the various criteria for qualifying children. There are four criteria total. Keep in mind that more than one person could be eligible to claim the kids as dependents under these qualifying children criteria. So it’s best to keep each taxpayer in mind. For example, both you and the mother could be eligible to claim the kids. Once you work through the criteria for each taxpayer, you can then move on to the tie-breaker tests to see which taxpayer (out of several possibilities) is the most eligible person to claim the kids…. If it turns out that you are the most eligible taxpayer, then file your tax return on paper for manual processing by the IRS.

January 31, 2012 at 10:21 am
(127) Angie says:

my daughter has lived with me for the past year and a half, she qualifies as my dependent relative according to the IRS test. We filed her tax return first and did not think to uncheck the box about being claimed on someones return. My return was rejected. How can I correct this before I mail my return to avoid an audit?

January 31, 2012 at 3:24 pm
(128) Curious says:

I live with my mom and my 18 month old. My mom has filed and claimed him every year and Im tired of it. I have a court order saying I am the legal and sole custodial parent of him. Since I didnt work much, she also claimed me which I didnt want. Can I undo this?

January 31, 2012 at 5:14 pm
(129) Andrew says:

Last year 2011- I claimed my Ex-gf, Well this year I get a letter in the mail notify me someone else has claimed her.. I know who it is, Most likely being her parents.. But my question is, is it my fault? She lived with me for the how prior year, And I paid for all the bills.. What do I do for this year now?

January 31, 2012 at 9:53 pm
(130) Angry says:

Somehow someone else used my social on their tax return, and now my return is getting rejected. The IRS said it could have been a typing error. NO one has ever claimed me since I’ve become an adult, and I’ve never had any issues before. Now I have to mail in my return with an affidavit and other documentation. Does anyone know about how long it will take to get my refund?

February 1, 2012 at 1:17 am
(131) Greg says:

Can anyone please give me some information!?!? My son and wife have been living with her mother for the past year or so due to the fact I have
Been in the militaryand stationed away from “home”. I have been paying my wife a very large percent of my monthly income to pay for his expenses, as well as providing insurance for him and my wife. I got out of the military in April 2011 and moved back home. I have been staying with my parents since then trying to save money to get all three of us a place to live together. My mother in law decides this year she is going to claim my son on her taxes because he has been living in her house. She did this without me or my wife’s permission. Other than the roof over his head, which i do appreciate, she has not been providing anything other than an occasional gallon of milk. I have been giving my wife more than I can afford to pay for my son’s expenses. Is there anything I can do about this?

February 1, 2012 at 1:57 am
(132) MISS GAMEZ says:

i tried to do my income taxes this week and they rejected my return saying someone used my daughters social security number idk who could of did this but i had went to a income tax place to do a free consaltation on how much i will get back because the place i been going to wasnt calling me back cuz they were busy with other returns well i had told the lady at the place i will wait until my regular people i go to can do it she acted like she closed the return page on her computer down but i think she used my daughters s.s number to do a false return for some one else she was the only one i gave my daughters ss number to what can i do

February 2, 2012 at 4:27 pm
(133) Leannah says:

My aunt tricked me into her claiming my two kids on her taxes I didnt know that the children had to of lived with the person for at least 6 months to claim them and we only lived with her for 4 months if that and I would like not to get in trouble for this in the futureseeing as we had just moved out of goverment housing to move in with her so what can I do to fix all this…?

February 2, 2012 at 6:45 pm
(134) frustrated mother says:

seems someone has been using two of my childrens social security number to file taxes..last year i filed my taxes and did not get the money i was entitled to because someone used my dependents..i went yesterday to do my taxes and again my e-file was rejected im assuming because the same person or persons used my childrens social security number so again i get less that what im entitled this year..how long does it take for the irs to figure out this problem.. now every year i may be rejected for e-file and pay additional money to have my information printed out to be mailed out instead.. im frustrated because how can they claim my children when im a single mother of five and im the one who takes care of my kids. ive sent copies of all my original documents when this incident happened last year. and i have yet to see any refunds. i need help.. any ideas… ive contacted the irs but all they say is that theirs courts and judges are going to review last years taxes.. but what about this years taxes. and how many years consecutively do i have to prove that my kids are mine and i take care of them before the irs will believe me…. ugh so frustrated…

February 3, 2012 at 6:09 pm
(135) randy says:

i have two boys one that has passed away and for the last two years somebody has filled my kids and wont nobody tell me nuthen

February 4, 2012 at 1:05 am
(136) Janelle says:

My ex husband Gregg Gaugh who has not seen my daughter since she was an infant fraudulently claimed her on his tax filing. Now we are both being audited because he actually believed he could get away with it.

February 4, 2012 at 9:18 pm
(137) Mimi says:

I’ve been living with my sister for the past year and she’s been fully supporting me. I allowed her to claim me on her taxes and they said someone else already claimed me. I did not give anyone else permission to claim me nor did I Sign anything. I’m 21 years of age and when I went with my sister I had to sign for approval.
Now she filed without me and she should be receiving her refund any day now. But how can I go about finding out who claimed me? And what will their consequences be?

February 5, 2012 at 8:04 pm
(138) William Perez says:

Mimi, you cannot find out who claimed you as a dependent. The IRS will not tell you, as that would be a breach of a taxpayer’s privacy.

February 5, 2012 at 12:22 pm
(139) mandy says:

Hello,
I filedmy 2011 taxes and was already accepted. I just realized that my boyfriend should have claimed them due to head of household and having more income. When I file an amendment how long does it take to have the dependents taken off my taxes and clear for him to claim them?

February 6, 2012 at 12:52 pm
(140) Jack Frost says:

Its pretty simple people. If someone claims your dependent and your e-file is rejected – simply mail it in. This forces the IRS to conduct an audit of the two parties attempting to claim the same dependent. Stop complaining about what happened and mail your documents in to begin the process of fixing the matter. If you are married and live separate, the non-custodial parent must receive a Form 8332 from the custodial parent (and file the document with their return) in order to claim the dependent. If they dont, they are wrong, and you will still need to mail in your claim to get the audit of dependents process under way. Nothing more to it.

February 6, 2012 at 1:52 pm
(141) grandmother says:

to mommy of 3 I am a grandmother that had my son, his girlfriend, and two kids living with us. We provided pretty much everything and my son paid board of $50 per week. However when tax time came my son claimed one child and his girlfriend let her mother claim herself and the other child. I personally thought this was completely unfair as we supported them. However in your case, if you support yourselves then she should not claim those children as it may cause issues down the road when you go to claim them for future returns.

February 8, 2012 at 10:47 am
(142) tierra says:

Kim terrell claim Robert Taylor he did not live with her but she has the nerve to claim him greedy ova money she don’t even know if hes alive or not

February 9, 2012 at 3:14 pm
(143) gil says:

My mother-in-law claimed both of my kids and my wife on her tax return and completely ****** me over.my wife and kids have been living with me for almost two years now.what should i do??

February 10, 2012 at 12:16 am
(144) William Perez says:

Gil, if your wife agrees to file jointly with you, you can file a joint return. If you meet all the criteria for claiming your kids under the qualifying child rules, then you can claim your kids too — and this is whether you file jointly or separately. Your tax return will need to be mailed in to the IRS for manual processing. Do be prepared for a possible audit over this situation.

February 13, 2012 at 11:44 pm
(145) brittany kusiak says:

i am having the same problem.my son was born in september of 2011. i went to file my taxes this year and everything was ready to go, but suddenly got a call from H&R block personal that my dependent was already claimed.i didnt understand so i had called my own tax advisor and he explained it alll to me.but not only did i get told that he was being claimed, also i was told that there couldve been a possibilty that his ssn was mixed up.his father is in his life and gives me money for him but i am the only one that has ever seen his ss card and it stays in my possesion.and his father owns his own company so he does his taxes differently and he swears that he isnt the one claiming him.my son has lived with me since the day he was born i dont understand how the IRS can not tell you who is trying to claim you child.that is your child and you would know who has that childs ssn.i just dont get it.can anyone please help me in what i should do.please.

February 17, 2012 at 2:24 am
(146) William Perez says:

Brittany, the IRS won’t tell you who claimed the child because that would be a breach of taxpayer privacy. You will need to file your tax return on paper and mail it in for manual processing.

February 16, 2012 at 6:49 pm
(147) NT says:

Last year I went to file my taxes and they were rejected saying someone claimed me as a dependent. Went to IRS and no help they can’t tell you anything do I had to mail my taxes. In August I got a letter from IRS saying an investigation will be made but the person that was actually claimed was my son which I have claimed all 23 years of his life I was told that I would be contacted if I have to show any more proof. I went to go file today and he has been claimed again. I don’t know what to do I told him to call social security and the credit bureaus to file identity theft so it will be noted someone is using his info. Will he be able to file this is the first year he is filing he just finished college and starting off on his own. If anyone can help please let me know. Thanks

February 26, 2012 at 9:33 pm
(148) ladyy says:

If two people claimed my daughter in 2010 will my aunt be able to claim my daughter this year? She has never claimed anybody else before. Or is it a bad idea for her to claim my daughter even though she has been living in her home?

February 27, 2012 at 11:14 am
(149) Jason says:

For all of your saying your taxes are rejected… You have to mail your taxes in you can not E-File them. You also have to provide proof that you can claim them. If you are devorced a court document works nicely.

February 27, 2012 at 12:30 pm
(150) done dirty says:

My child lived with someone else for 3 months and they claimed her thinking i won’t fight. well they are wrong i sure am and going to the newspaper today I’m tired of people thinking because i don’t have family to help they can keep running all over me.

February 29, 2012 at 2:43 pm
(151) keene bines says:

my sister claimed her grandson on her taxes and i have been taken care of him since he’s been 2 weeks old.he is two years old now and not once have that child live with her.not only is she frauding the government she is also frauding the state.she uses the child for food stamps.this isnt right .what can i do?

March 5, 2012 at 11:51 am
(152) Alyssa says:

I just had my son is august and my husband and I are married and have been since june. we went to file our taxes on turbo tax and they said someone else has already claimed our son, how can that be when we are married and he lives with us and no one else?? Idk what to do! I have been on hold with the IRS for half an hour already…

March 5, 2012 at 1:35 pm
(153) William Perez says:

Mail your tax return in for manual processing (that is, file a paper return).

March 6, 2012 at 6:39 am
(154) que says:

What if claimed my my niece and my sister did as well ,Can i just do my taxes over and let my sister claim her without me getting in trouble?

March 19, 2012 at 12:56 pm
(155) Tyiesha Mitchell says:

My daughter has been claimed on someone eles taxes for 11 or so years i have never been able to find out who is doing it. The IRS is useless in helping me. What can i do?

March 19, 2012 at 5:29 pm
(156) William Perez says:

File your tax return on paper for manual processing.

March 21, 2012 at 9:21 pm
(157) fernanda says:

My question is. if someone is alredy claiming my kid as a depend will i be getting a letter from the state tax return as well as one for the irs or the state will just send me my check and also beside proving the irs that the depend is MINE what else can i do. whoever claim her has all her information and thats just scary

March 26, 2012 at 4:03 pm
(158) Lisa says:

I haven’t read each individual comment here. My son’s father illegally claimed him on his taxes. I’m still trying to get what is owed to me. I can hardly ever expect to get whats mine from the IRS when the state can’t even get child support from this law breaker. I won’t stop fighting for what my son is owed from his deadbeat dad. The only advice I can leave you all with, don’t give up. Keep making phone calls and writing letters until you are heard and you receive what is due. And ALWAYS ALWAYS keep proof of EVERYTHING. Funny how in order to get whats owed to you, and what was taken from you illegally, you need to come up with proof. Sad sad world we live in .

April 3, 2012 at 12:03 pm
(159) Risa says:

My ex has been claiming my 2 kids for 6 years now, every year I get rejected so I have to send it in by mail with a letter saying that I am the only one that has the right to claim them. Every year I have had to do this along with sending the “report IRS fraud” form in every year, to this day nothing has been done about it and he’s still doing it. He doesn’t see them, they don’t go to him and I just get a measly amount of child support and that’s it. He doesn’t have the right to claim them at all. I don’t know what to do about it anymore.

April 5, 2012 at 5:37 pm
(160) Susan says:

I just had a baby boy, and have been living with my fiance for over a year now. He claimed me as a dependent, but he got denied because somebody else claimed me as a dependent?? I’m 23 years old. I have no idea how to get to the bottom of this. Can anybody help??

April 8, 2012 at 11:47 pm
(161) BJ says:

i pretty much have the same problem as the rest of you. but my question is this, why the hell is doing taxes so difficult? you would think, after all this time and all these problems, the irs would create a system that works! i dont get it, it only seems smart!

April 24, 2012 at 4:32 am
(162) alberto jr says:

My ex-girlfriend claimed my daughter and also stole my identity to claim me on her taxes when I filed for my taxes my refund was rejected I know for some reason it was her I’ve worked all year last year and helped her out alot she didn’t give a [...] I would like to know what would happen to her in this case irs already knows about all this now she’s having problems with her bank card that she can’t use her atm card from what she told me last time I went to go pick up my daughter she won’t ever tell me it was her but I would like for her to pay for what she did what would irs do in this case?

April 25, 2012 at 7:29 pm
(163) Isabel says:

When my husband and I did our taxes this year 2 out of 5 of our children were claimed. We have children from previous marriages and have an idea is was them. So when my tax guy informed us I mailed a copy of my divorce papers from my ex and how I am suppose to claim him and as for my step son his mother signed an exemption years ago. So God willing they both get caught and consequences. I know we can’t and shouldn’t jump to conclusions but in Feb 2012 they both upgraded their vehicles. While my husband and I wait for the IRS to contact us because they won’t release any funds till its squared away. All we can do is hope these evil doers get caught and in hot water.

April 26, 2012 at 1:00 pm
(164) MONIQUE WHITE says:

i have had a child in my custody sense he been 9 and his mother or father don’t do nothing and his daddy claims him on his taxes he don’t do nothing and don’t live with him at all no kind of support.i take him to his dr. apt and he on my cases(foodstamps)and on my voucher.so what can be done about this and i can’t claim him ense i don’t work.but his brother give me money and take care of him so what can be done.

April 27, 2012 at 3:06 am
(165) Soldiergirl says:

I have had full custodial of my son since birth, his father and I were never married, everything was going as it should when it came to taxes until about three years ago. I went to file my taxes as normal only to be told that it was being rejected because someone had claim my son (this was when we we were receiving the stimulus bonus) I of course had to do a amendment in order to get my refund (albeit minus the stimulus money) and audited I had to prove that my son has beIRSen in my care throughout the year with school documents, doctors visits, etc. thus my refund minus the stimulus which I was told that I would not get (hmmph!) any way I filed the next year and once again I had to amend my taxes because of this, I am now beyond frustration because I can see myself going through another audit…thank God that did not happen, I went back to my taxpayer who informed me that I needed to go to the main IRS offuce and talk to them…these people told me that there was nothing that they can do other than what I have already done…needless to say year number three came up and I am back in the hot seat again. I went back to the main office and was given a bunch of papers to fill out which I did, and inquired on how to flag the other person’s account so that I would not have to continue to go through this again…in so many words I was told that they could not do this. So here I go again trying to file my taxes later than I normally do and I am receiving a phone call telling me that my taxes were being amended AGAIN…I am beyond frustrated and what some justice done, it is not fair for me to continue this vicious cycle when I know in my heart who is the guilty person.

April 27, 2012 at 10:07 am
(166) YOU WILL GET CAUGHT says:

My ex went behind my back took my daughters information then filed her the only way that I found out I was watching him track his refund..I notified the IRS and nothing was done about the situation…..I feel the government should have something in place for situations like this. My daughter has been living with my mom for the last year and my mom has filed her taxes and now I think this AH has done it again and yes I will get him for identity theft….I WILL….

April 27, 2012 at 10:07 am
(167) YOU WILL GET CAUGHT says:

My ex went behind my back took my daughters information then filed her the only way that I found out I was watching him track his refund..I notified the IRS and nothing was done about the situation…..I feel the government should have something in place for situations like this. My daughter has been living with my mom for the last year and my mom has filed her taxes and now I think this AH has done it again and yes I will get him for identity theft….I WILL….

May 8, 2012 at 12:41 pm
(168) kierra says:

someone used my son tyler SSN number i think it was his gmom and i told her if she used i would get her locked up but how can i find out it was her?

May 14, 2012 at 3:03 pm
(169) Amanda says:

My daughter has also been claimed by someone else for the last 3 years and my husband and I completed the audit by the IRS last year. It happended again this year! I am concerned mostly about identity theft. Should we be worrying about identity theft in addition to tax fraud?

May 22, 2012 at 9:43 pm
(170) Flynne says:

My sister is claiming my daughter as a dependent on her taxes.Even though she does not live with my sister.Nor does my sister contribute to my daughter’s food ,clothing,.How can this be right.Isn’t this fraud!? She is getting a big refund back from the IRS. and it is unwarranted. She is lying to the Government on this.I would think this is a very serious offense!

May 29, 2012 at 12:18 am
(171) clemsongirl says:

Does anyone have any info about when a custodial parent loses custody during the year? My hub and I were given full custody in november, and our daughters mother claimed her first on taxes this year. We were rejected on efile and have mailed in our taxes. We liken it to having a baby at end of the year because she loses privledge of claiming because she is no longer custodial parent. Our daughter technically lived with her mother more than half of the year but we submitted proof that she didn’t provide proper support of child and we were given full custody. We also paid more for our daughter’s support since her mother signed financial declarations that she had no income in 2011 and only got student loans. Any ideas how this might end?

May 31, 2012 at 4:09 pm
(172) Joan says:

My son has been to court and thought long and hard to take his son of his x partner owing to her neglecting him but cannot get benefits for him because his x girlfriend won’t hand it back to the dhss what can he do to get it from her for his son .

June 20, 2012 at 2:37 pm
(173) Patiently Waiting Again says:

I have been battling with the IRS for 3 years because someone is claiming both of my foster kids on their taxes. Both kids have lived with me for the past 3 years and have no contact with their biological parents. I had a complete audit last year and proved to the IRS that I had th legal right to claim the kids in 2010 and received my refund. Once again, my taxes rejected and I had to go through the mailing process again. Hopefully the IRS will go after the culprits this year and I can start filing electroncially again!

July 28, 2012 at 11:01 pm
(174) Mathew says:

I want to thank you from the bottom of my heart. The Back To Me Spell you cast for me is working beautifully. I finally got 3 calls today from my ex girlfriend and we are talking and working things out. She says she loves me and she wants to work out our problems and come back home. All this in 4 days when you cast the spell. Now that was fast. thegreatoracletemple@gmail.com. I love you and bless you….Mathew.

August 7, 2012 at 4:31 pm
(175) jacob says:

I want to use the form 8332 to signed by mother-in-law to prevent her claim to one or two of my child(ren) in the future tax filing. I don’t want her to know that the form is going to use will prevent her in the future. Is there any other way i can do it without having her signed the form? Based on my knowledge she had a copies of her 1040 with the list of my child(ren) together with their SSN. Any help?

September 17, 2012 at 11:26 am
(176) CATHY SIMMONS says:

my identity was stolen by an acquaitance ran up a phone bill up to 2100 dollars. my daughters was with mine i am trying to find out if hers was stolen to be used for this

October 31, 2012 at 6:57 pm
(177) Theresa Fogarty says:

My husband, myself and my daughter live with my parents. My husband and I are the sole providers (financially) for our daughter. Now that tax season is nearing, my Father is basically telling me that he is going to use my daughter as a dependent on his tax return even though he has not financially provided for her over the last year. What do I do? I was going to file and buy a used car with the return, but now I dont know what to do because he is saying that he is going to file and use her as a dependent….what to do?? BTW, he has done this in the past, I filed and used her as a dependent and then he filed and used her as well, both returns were honored and there was not an audit involved.

December 13, 2012 at 7:18 pm
(178) Shell A says:

I have a question! I have been living with my boyfriend for sometime less then two years. His ex dropped his daughter off at our door step around 6-7 months ago. i take care of her majority of the time. i take her to school, to the doctor, to eat, to her friends, i cook her dinner, i wash her clothes, i buy her what she needs, i supply her with clothes and lotions and shoes and etc! i do basically all of it. Her mother doesnt pay a dime of child support and rarely wants to see her. my boyfriend said i could claim her on my taxes and her mother says she is going to claim her! this is not fair. she harasses us, stalks us, follows us, and so on but never makes an attempt to her child or help out! i feel like i should be able to claim her. what should i do?

January 11, 2013 at 9:29 pm
(179) holly says:

I have lived with my mom for 2 1/2 yrs the age of my daughter. I’m married but my husband and I don’t live together he hasn’t been great about paying for us and I don’t have a job. He has paid for my daughters school and medical bills. My mom works were she goes to school so we would give her the money to pay monthly school expenses. She used her checks which I wasn’t aware of and now she has proof she paid her bills even though my husband did. She is also trying to claim me and my daughter due to the fact we gave her cash and she would put it in her account and then pay for misc. things for my daughter and me. How can you show proof in this situation. It looks like she is the caregiver. My husband doesn’t always come through but he also doesn’t make a lot of money. What she has paid for is only a couple hundred. How can you prove anything with this type of situation?

January 20, 2013 at 12:21 am
(180) diana says:

It is not wise to use cash because there is no way of being able to prove who gave it to who…in the future I strongly advise you to transfer it from your bank account to hers or better yet pay the bills using your bank account. That would show proof of you providing support if you need it in the future! Just remember family is blood but they can and will turn on you if you give them the chance so take this as a lesson learned and take my advice….

January 22, 2013 at 3:18 am
(181) sarah says:

i am in a similar situation… i claimed my daughter on my taxes as a dependent, later recieved a message from her father stating he also claimed her on his taxes. he was informed it is illegal in the state of ohio if you owe $100.00 or more in back child support you cant legally claim the child. Also she would have had to reside in his household for 6 or more months of the year to claim her. I of course can prove she hasnt and has only resided with myself since birth, also i am able to prove i have financially supported her alone in said time. i have spoken to a lawyer, local tax agency(h&r block), and researched online, also will be calling the irs to report him for tax fraud. I was told if by chance he does recieve the tax money for her i will recieve a reject letter from the irs about my taxes. Then i have to refile my taxes including documentation stateing who she resided with in the tax year. He then will have to pay back the child dependent deduction, eic credit, along with taxes, and fees. it is considered tax fraud for him to claim my child. it will take time but they will have to pay you the taxes back. you then recieve a check from the irs for your taxes that you should have recieved originally by claiming the child. you just have to take the steps to report the fraud, and in many cases including my own it is well worth it. it takes time and effort. i recommend to everyone to take the steps and report the dependent fraud!

January 24, 2013 at 4:49 pm
(182) Mandy says:

I am wondering, my fiance cannot claim his children on his taxes because they have not lived with him at all and pays child support for them. Their mother ( who is the custodial parent and lives at her home) did not work all year long. Therefore she is allowing her mother or family members claim them. Can she do that? I mean the child should be living with these family members at least for a year and dont you think the child support should be going to that family member as well? So is this considered illegal dependant claim? Just need some advice before we report the social security numbers of his daughters to the irs.

February 1, 2013 at 12:38 am
(183) angie says:

I have had my daughter living with me this year but when she was 3 months old I signed legal guardianship over to my mother so my mom has legal guardianship and also has her on her medical and food stamp case but I have her on my occupancy permit and she stays with me but she is only 2 so I claimed her this year my mom is upset that I did and told me she was going to the federal building in the morning and having them put a stop on my check I will receive and where I filed at my question is can she make it to where they won’t send me my income
taxes and let her claim my daughter?

February 1, 2013 at 10:57 am
(184) Marie says:

For the past three years my children’s father has claimed my kids on his tax return and I never gave him permission to do so. Each year I would have to file by mail. My question is, is there a way to prevent this other than me filing first? This is clearly fraud, is there a way to report this to the IRS so he’s flagged and my kids ssn are flagged?

February 5, 2013 at 1:00 pm
(185) Cathy says:

Last year my brother could not prove that his 2 year old daughter lived with him most of the year and that he therefore had the right to claim her after a review of his taxes. He learned from last year and now has the documentation to prove she lives with him all year long. Will he automatically be flagged for trying to claim her again this year?

February 7, 2013 at 1:50 am
(186) Kela says:

@ Sarah who commented on Jan 22 2013! I am currently in this situation where my ex boyfriend has carried both of my twins and i didnt give him permission to do so. Matter of face i told him in a text that i still have no h not carry my kids. My children has always lived with me! I dont know if he has already received any money for carrying them but when i tried to report him so htat they could at least flag his return until its looked into they just told me to print my return and mail it. I asked can i go ahead and send the supporting with my return to speed up the process but they said it probably will not be looked at so i should just wait until they send a letter asking for it. I decided that i am goind to send everything that i haveanyway and keep my fingers crossed that thery will go ahead and use the documents. My kids are in daycare so im going to get their enrollment paper with my name and adress on it not including a copy of their medacaid card and medical records, my lease with all of our names, my mothers copy of their birth record, SS cards and other documents from DSS. How long did it taske you to get your refund. I think he also claimed one of them last year without my perm permission, can i amend my refund from last year so that he will be audited fpor that year as well

February 7, 2013 at 2:26 am
(187) Kela says:

I think it is such an injustice for us single parents who our children live with, who does all the doctors appointment and everything else and a deadbeat is able to file kids who have not ever lived with them. Yet they continue to let them file and then you have to wait and mail yours and prove that they are your dependents every single year. They shoud not be legally able to keep doing that because its CLEAR CUT FRAUD!! i couldnt even report fraud over the phone so that they can at least flag him and look into it before they send him some money and they are not supposed to be able to carry a kid for EIC for like 4 years but from what i read its not working!! What we all shoud do is sign a petition to submit to the IRS AND THE White House saying that hese laws and procedures should be revised when this is happening!! If anyone is interested in starting a petition please let me know. mskeladd@gmail

February 9, 2013 at 6:12 pm
(188) samantha says:

Can you please tell me how an ex husband can claim your child if she hasnt lived at his residence in years and when she lived with the mom her dad still claimed her and the mom had to amend her taxes why isn’t that parent (father) getting into trouble this person in particular is doing this to hurt the MOM of the child , And when the MOM asked him why he did it he laughed like he knew he wasnt suppose to because the child hasnt lived at his residence in like 2 years can someone please explain how he can claim her and get away with it for this many years

February 9, 2013 at 6:50 pm
(189) samantha says:

What is the documentation you may need to prove my child lived at my residence because she graduated and changed her address and her dad wouldnt allow her to get her mail here what the heck She does get medicaid maybe this and prescription will be my only hope since she lived here almost 12 months I hate it he has her brainwashed

February 9, 2013 at 7:46 pm
(190) Chi says:

This just happened to me–my son’s father filed his taxes first and claimed our son. I am the custodial parent and I have a higher income…he won’t win this audit on any counts. I don’t know why he would do this but he’s going to be sorry. It’s a shame too, because I told him that I would be willing to alternate claiming him in later years, not for this year because it was too late.

February 10, 2013 at 10:38 am
(191) shay says:

this happened last year to me with my dauqhter but is it to late to qet my refund back since its a new year

February 16, 2013 at 7:12 pm
(192) esteban says:

I am the father of 3 kids and I share joint custody of my kids. The mother of my kids is on wellfare and doesn’t work. I e filed my taxes and it was rejected because someome used the kids ss#. I pay child support and the kids live with me half the time. I believe the kids grandmother claimed them. Who will get the money and who will need to pay back. Me or the grandmother?

February 17, 2013 at 12:47 am
(193) Mad as ... says:

I am so very upset because I went to file my taxes just to find out that someone already claimed all three of my kids. I know exactly who did this. when I left a message for that person telling them that I did not give them permission to file my kids they sent me a text stating that if i contact them again that they will file harrassment charges. What in the world! Are you serious, you can file charges on me for calling you to tell you that I know you filed my kids and you did not have permission to do it. What is this world coming to. Well, the person who did it was my sister I am so sure of this and her ex husband called me afterwards and told me that she did it. After searching on my computer one day I came across a file that was named after my sister. I opened it up and what did I see. Scanned documents of her 2011 tax return and a federal financial school grant document with my children’s social security numbers on it. this was the proof I needed. so not only did she file my kids last year but this year too. See last year I didn’t work so I didn’t have taxes to file this year I did so I tried to file my taxes and no luck. I called the police and they said that this is not identity theft. I am confused and frustrated. She received the money already, how could she do something like this. This is so wrong to do. she did not take care of my kids at all and my kids live with me all year long. she has never taken care of my kids… WHAT DO I DO?????

February 17, 2013 at 7:55 am
(194) Gab says:

I have taken in my two teenage nieces and have become their sole guardian. They have been living with me since 2011. I got a little behind on my taxes but finally caught up this year to file taxes. Well my unemployed sister convinced my mother to claim girls just so she can collect from her. They beat me to the punch but I know I’m the rightful taxpayer who may claim dependants. I have proof that both girls have lived with me all of 2012. I also have a higher adjusted gross income than my mother. As long as I have documented proof, they are going to have to pay that refund back, right?

February 26, 2013 at 10:20 am
(195) Haley says:

Here is my situation. Last year I lives with my mom and stepdad August to December but all year I let my mail continue being delivered there. During the time I lives there I received $400 a month in food stamps $200 a month in wic (milk, bread etc.) And $190 a month in cash because I wasn’t allowed to work being high risk. I had to pay them my food stamps and wic money to live there with my 3 year old. The cash I was allowed to keep to pay for my gas and anything else I needed. My mother let other family members know she claimed me and my daughter on income tax….I haven’t filed yet because I’m nor sure if she can legally do that and if I’ll get in trouble for her having done it. Please help any advice would truly help… Thank you.

February 27, 2013 at 1:12 pm
(196) Natasha says:

I would like to no how can I report someone claiming my child without asking me to do so?????

February 28, 2013 at 5:56 pm
(197) Rolanda Cannon says:

I would like to know exzactly is claiming my two children my sister or her friend?? how can i find that out can u please help me??

March 3, 2013 at 11:47 am
(198) johnny says:

I have a question so I moved out of my parents house when I turn 18 in June can I let somebody else claim me on their taxes

March 4, 2013 at 5:50 pm
(199) Heather says:

so shortly after my 24th birthday my mother came to me and let me know that my cousin need us to take in her 2 children 11 months and just about to be 4 (not to mention i had my own 2yr old) , i agreed, so Dec. 13th the kids were dropped off to my house by the foster care’s transporter, i live in Lansing MI and i would drive the kids to Benton Harbor every Monday (2 1/2 hr drive one way) and since i was a relative care giver and not a foster parent everything was outta pocket( clothes, gas, food, etc.) i had the kids till about the end off august the next yr, in this time she tried to get CPS involved in my life and what not, she just lost her rights to the kids and they are with a good family that can protect them for her but my real issue is that she claimed them on her taxes when she hasn’t had her kids in over a yr, the oldest since she was 2, we are fighting it and positive that we will get our money… i want to know if there is anything i can do, like press charges, she has gotten away with messing up everyone’s life and hasnt had to pay a consequence for her actions ever and its not right

March 9, 2013 at 5:56 pm
(200) Beth says:

My ex has not paid me child support in the last year and half. When he got his tax return this year the court gave it to me towards his arrears. However, I learned afterward that he claimed my son on his taxes when he wasnt allowed to. I know how to fix it and get it so that i can claim my son but what im wondering is when the IRS wants that money back from my ex does he have to come up with it? or are they going to try and take it back from me? does anyone know?

March 18, 2013 at 11:46 am
(201) joshua g says:

How can i check if my son mother parents used my son on there taxs, and no he has not lived with them the past six months. Mother has not worked the past few years.

March 21, 2013 at 8:40 pm
(202) William Perez says:

It is not possible to check whether another person has claimed someone as a dependent. Tax returns are kept confidential by the IRS.

March 19, 2013 at 5:04 pm
(203) Donald says:

My ex wife only worked about a month and half last year and told me she didn’t pay in enough taxes to make it worth while claiming our kids. She wont let me claim our kids, and told me she can let her boy friend claim our kids because he lives with them. I looked into this on the Internet and it says her boy friend can claim them as long as the father can’t claim them and doesn’t pay support for his kids. Well I pay 75% of the basic child support obligation figured in the Court of Common Pleas from our County. I also pay for health insurance for myself and my kids. My kids also have state funded health insurance, Access. So how and what can I do to get the IRS to audit him for this. This seems like Tax Fraud to me. Is there anything that can be done?

March 21, 2013 at 7:50 pm
(204) William Perez says:

Donald, the typical process is first to figure out if you are eligible to claim your kids as dependents under either the qualifying child or the qualifying relative criteria. Also, take into consideration any agreement you have made with your ex-wife regarding who gets to claim the kids in which years. If you qualify to claim the kids, then file a return claiming those dependents. If not, then don’t claim those dependents.

March 27, 2013 at 6:26 pm
(205) minnie says:

Ok so IM very new to taxes. IM 20 years old and I have a 1 year old son and is disable which receive a check and I pay for thing and my son lives with me full time. Since I don’t work because I take care of my son. My husband which we are separated did his taxes with me and my son. I did not get no money R.E.M. what do I do?

April 1, 2013 at 3:55 pm
(206) Kathy says:

I just had my taxes rejected because my youngest daughters dad claimed her when he had no right. He hasn’t seen, spoken or otherwise communicated with her in over a year and I haven’t received child support. I now am doing a manual mailing. How long does it take for the IRS to fix this?

April 16, 2013 at 9:49 am
(207) jackie says:

can mexican citizens living in U.S. claim their family members that are still in Mexico? Also, my 17yr old niece had a child in Oct., lived with boyfriend 1month – he claimed her (as his wife) & the baby – they aren’t married and as soon as they got their refund, she was kicked out & is back home with her mom. H&R block says first one to claim is the winner!
this girl has never lived away from home (except for this 1 month) and her mom’s always claimed her.Can her mother claim her even if bf put that they were married? also, mother climed her on w4 at work.

April 21, 2013 at 12:09 am
(208) fernando says:

what if somebody claimed me as a dependent without my knowledge. does he/she has a liability or even can i sue this person?

April 22, 2013 at 4:50 pm
(209) William Perez says:

Fernando, if you don’t qualify to be claimed as a dependent by another person, then simply file a tax return claiming your own personal exemption. Your return will need to be mailed into the IRS.

May 5, 2013 at 2:04 am
(210) patricia says:

I need to file my 2010 and 2011 taxes still late I know but had to fight to get my w2 info. any ways I went to h and r block had everything filed and have to mail them in I have 3 children I provide for my self and I pay rent to my parents whom I share a place with. my dad just informed me that he may or may not have claimed my kids for one of the years if not both… so I will get I n trouble if I claim them and he wont confirm a yes or no on either year and he already owes back taxes so he stopped filing all together one of the years. my question is is there a way to fid out if my kids were claimed before I send out my taxes so I do not have to go threw all the trouble of audits and draw attention to my parents im mad but really don’t want to cause them trouble which could leave me and the kids homeless….. plz anybody help

May 6, 2013 at 3:08 pm
(211) William Perez says:

Patricia, good question. The best way to find out which kids were claimed (and in which years) is to ask your dad directly. He can then look on his tax returns and let you know. There’s no other ways to find out, as the IRS does not release this information.

May 13, 2013 at 1:04 pm
(212) uncle m says:

My mom claim my nephews who have been living with her for the past 2 years and whom she supported with food and a place to live but the fathers of my two sister have been claiming for the past 2 years without giving pretty much anything for them. now this is the first time my mom doing this and the person who did the taxes for her told her someone had already claimed my nephews already. now after sending the paper work through mail, she got a latter from the irs to provided hospital information on the kids and other things in no more than 30days to which she did and today she got her first deposit from the irs on her debit card, but she kind of worry to use any in case the investigation is still going. my question is ” is it over ? can she use the money ?

May 29, 2013 at 10:44 am
(213) Annie says:

I have a relative claiming four kids to get more money what do you do with that. Wife stays at home with the two kids living off the land and the IRS

August 15, 2013 at 11:53 am
(214) alberto says:

I my mother in law claim my three kids she filed her taxes and she didnt give a penny to my Wife. She Got my kids socials because she got my wife letters and open them. She didnt tell my wife that she got them. She told her like after a month. She has it on her room somewhere hidden.i ask her two give them to me and she alWays tell me that im gona loose them. What do you suggest me to do ?

August 15, 2013 at 12:53 pm
(215) William Perez says:

Alberto, you may benefit from consulting with an enrolled agent or certified public accountant. They can review your situation and advise you on the best way to proceed. Typically, the process involves reviewing whether you are eligible to claim your kids as dependents under either the qualifying child or qualifying relative criteria.

If you do qualify to claim your kids, the next step is to file your tax return claiming your kids. This will need to be mailed in to the IRS for manual processing. The IRS, upon seeing that two or more people are attempting to claim the same dependents, will investigate and determine which taxpayer is most eligible to claim the dependents.

September 23, 2013 at 3:26 pm
(216) Sherrica Temple says:

What should i do if my son father carrying our son
On his tax return but not taking care of him? But
My cousin helping me take care of my son. So i let
My cousin him now the irs is trying to take my
Cousin tax
es what can i do?
h

October 22, 2013 at 4:02 pm
(217) sara says:

can i let my cusion clame my kids on tax time if me and my kids are on wellfair

November 19, 2013 at 12:28 pm
(218) anom says:

I see a lot of people in the same situation, but I don’t see that anyone has every posted a response with an outcome or timeframe that this was resolved. Anyone have resolution?

November 24, 2013 at 12:46 pm
(219) nanii says:

I must say to the one that said that the irs wont make the person whom stole the money with false info or for claiming someone elses kid… ur wrong hun because my ex did so and just as the other person said the irs made them pay it back in payments and with interest… so its true i dealt with it for him so i know first hand… u just have to find the right person to complain to A n B trust that no matter how long it may take thry eill catch them… hope u parents get ur justice

January 2, 2014 at 10:59 pm
(220) tyisha says:

I have questions is someone here?

January 9, 2014 at 10:11 pm
(221) Pamela says:

I had my granddaughter living with me for four and haft years her mom claims her every year. has never helped with her I buy all her clothes food take her to the doctor I put her in school and everyone noes she lives with me and I take care of her

January 13, 2014 at 5:10 pm
(222) eric says:

So I’m having bit of an issue guys. I have a question regarding my right to carry my son. My now ex fiancee and I lived together with her parents for right at two years. Last year (2013) I carried our son. I lived with her and her parents until Oct. 1st 2013 and our son lived with us also. We are now separated and she still lives at home with her mother and fathe. I however have my own place and I see my son regularly. I mad e more than her last year so if I am correct the person with the highest
AGI is suppose to carry the child correct? Well I know I made more than she did and her parents are not entitled to carry our son. So is it fair to say I can carry my son on my son on my 2013 return. I have a ton of bills to pay since I moved out on my own. I still support my son, and she relies on her mother and father for necessitie. Help because I am seriously thinking of carrying him since I live there almost the entire year. I think it would only be fair for me to carry him again for 2013 and after that she can carry him since I no longer live there and my child resides with her.

January 14, 2014 at 11:43 am
(223) Patricia Lovingood says:

I have a question. Can I report someone ahead of time before they claim the chilldren on their taxes . The father who does not live with the children says he is claiming them. they live here with the mother and me and I am the only one working. And they have lived here the entire year and I can prove it with the doctors and school

January 14, 2014 at 4:18 pm
(224) Jennifer says:

I NEED HELP!!!!!!! Ok, so in 2011 I had a lady that worked for a company do my taxes and was very nice and all this well once gave her my info she was a total B!@$%!!!! Her whole attitude changed well long story short she took over $3000 out of my taxes and brought a actual bodyguard with her. Well, after all that nighmare I wanted to be done with her and everything. Well I went to do my taxes end of January last year(2013) and was informed that my 3 kids socails had been claimed on soemone’s eturn. So the next morning I spent over 3 hours at the IRS. Not only did she screw me the year before she falsley added income like double the income and said I had education credits and stuff ALL LIES that I had no idea about. So, I waitied 5 months and finally recieved my return. So my ???? is….. I am NERVOUS that I’ll have to do that crap ALL over again I just want to file my return and get it back like I have since my 13yr old was born!!!!! What do I do??? I am not sure if I can e-file now or I have to wait til the day IRS opens to file the 28th.. Does anyone know when I can e-file???

January 25, 2014 at 11:35 am
(225) Gloria Villarreal says:

Hi my baby daddy is trying to claim my kids but he has not lived with my kids for 2 years he takes them 2 or 3 days but thats about it now he tells me that if my sister claims them he is going to seek fraud can he do that??? Even if he has not helped me with the kids expenses he has never taken them to the doctor and he dont live with them

January 27, 2014 at 7:57 pm
(226) amber says:

Ok my exhusband is wanted for murder, I’ve had my kids for a year now. I just recently found out he calmed my kids….can he file if he’s wanted for murder?

January 29, 2014 at 10:28 pm
(227) Ty says:

My mother claimed my kids they are 2,&3 im 18.she says she claimed them because I lived with her from jan to oct 3 but sep 23 I started working at mcdonalds and got my apartment oct4 does she have the right to,or do I .i though I do because tbere my kids,and I worked and I fille head of house hold

January 30, 2014 at 3:11 am
(228) CJ says:

Ok, I am reading all this but maybe I just do not understand. IF my kid’s mother claims my children but does not have custody of my kids can she actually file? she has not worked or anything and neither has my kids grandmother (who has my kids). I pay support for them and my kids mother obviously does not. I do not think she has the same address. On top of that, they had someone else in the family claim them for the last couple years to get the money. My kid’s mom has also not worked since 2005. She had a job for about 3 weeks… can someone please help me out with understanding what is going or what I can do, if there is anything that can be done!

February 3, 2014 at 11:53 am
(229) Trisha says:

This isn’t a comment I actually have a question If someone claims a dependant but didn’t know that the dependent has already been claimed the day before is it possible for the IRS to reject the claim and allow the tax payer to either fix the error or sign papers to pursue with the claim then both be audited until matter is resolved.

February 4, 2014 at 1:40 pm
(230) Nelly says:

Is there a number to contact the irs..ive called but havent been able to talk to an actual person. My sons father hasnt been in his life for over 6 years..my son is 7 and hisfather keeps using his Iinformation to file his taxes..I keep complaining every year but nothing has been done about it..does anyone know what I should do..thanks

February 5, 2014 at 4:04 am
(231) rjb says:

I know my kids mother claims 2 of 3 kids on taxes and sells the other but won’t let me claim 1of the kids I pay chil support plus I buy theur clothes for the year how can I find proof of her selling the kids so at least I can stop her from doin this and start claiming at least 1of them

February 5, 2014 at 10:41 am
(232) Michelle says:

Someone alreadyy cliamed my kids i thnk it was myy kids father hes on child suppport n wanna sign over his right he stole mii kuds inffo do files his taxes

February 7, 2014 at 6:31 pm
(233) Mrs.H says:

I was divorced from my ex in 2009 after he was convicted of molesting & raping my daughter. I remarried in 2011 and my new husband adopted my daughter in July 2012. On Jan 1, 2013, she was killed by a drunk driver.
When we went to file our 2012 taxes, we found out that someone else claimed her on their taxes. I talked with the IRS and sent them all the legal documents proving my sole custody of her and my husbands adoption papers. We heard nothing.
Then this year, we file our 2013 taxes and the same thing! Our taxes were once again rejected and we are having to mail them in AGAIN with all of the same documentation as before.
I’m so frustrated. She was taken from us by an irresponsible drunk and now someone has taken her by claiming her on their taxes.
My gut is telling me it is my ex or his family because only they would know her former name, DOB and SS#.
What else can I do?

February 10, 2014 at 3:07 pm
(234) sweet mother says:

I know a person on welfare and just so they can get money for there kids they are having a family member claim there kids is it possible for them to get away with this. To me its not Right because the state gives them money for their kids.

February 12, 2014 at 9:45 pm
(235) Isabel Fine says:

My Situation. My Sons Father Started Paying Me Child Support Last Year. He Is Already 6 Years Old It Was Ordered In Court That We Switch Off Claiming Him As A Dependent Every Year, This Year Is His Torn To Claim My Son. He Told Me Today That He Don’t Want To claim Him This Year Because Child support Will Take It All.I’m Guessing For Back Pay. He Asked Me To Claim Him And Give Him The Money. Would I Or Him Get In Trouble For Doing That? Since IT Is Court Ordered? He Also Said He May Have His Girlfriend Claim Our Son, Which I Don’t Want In The Future anything To Happen because She Claimed Him,When I’m Raising Him. could His Girlfriend Claim Him And I Be Okay? Could I Claim HimSince Its Court Ordered that Its His DadS Year To Claim Him? Or Should I Just Tell Him He Needs To Claim Him? Could Hhe Get In Trouble If Myself Or His Girlfriend Claim Him?

February 13, 2014 at 6:30 pm
(236) Mosc says:

if a girl friend steals money from can you claim her as a dependent

February 14, 2014 at 2:44 pm
(237) Kelly says:

I must say I’m going through this right now. My ex beat me to filing and claimed both my kids. I was efiled my taxes and received a rejected by the irs. So now it has forced me to manually print my completed taxes and mail it in. Don’t worry you will get your refund, however, be prepared for an IRS AUDIT!. Since two parties claimed the same dependents; the irs will challenge both parties to prove their claims. For which, after you receive the letter the irs will give you 30 days to provide them with supporting documents. Supporting documents can be proof of child school enrollment, medical records, proof of residence, or even better any custody or social service/county paperwork. If it comes down that both parties have proven the claim it will be determined by a tie breaker test. The taxpayer most eligible to claim the child as a dependent under the qualifying child criteria is: the parent, the parent with whom the child lived for the longest time during the year, if the time was equal, the parent with the highest adjusted gross income, if no taxpayer is the child’s parent, the taxpayer with the highest adjusted gross income. So what happens to the losing party?? They will probably have to pay back the amount in claimed dependents, the EIC if any that year, and late charges and penalty fees. unfortunately, for the next year this can happen again, make sure both parties are in agreement to who gets to claim who or have them revoke their right to claim the dependent, see irs.gov for such form. Bottom line, if you cheat it will catch up to you!

February 21, 2014 at 7:08 am
(238) Ryan says:

Let me save ALL of you a little sanity.. DO NOT COUNT ON GETTING YOUR TAX RETURN IMMEDIATELY UNTIL THE TIME YOU FILE! Your story does not matter and the IRS has more to worry about than your story. Take them to court and do something about it, or quit complaining and expect mail them in. It is really as simple as that.

February 25, 2014 at 6:25 pm
(239) Lily says:

How would a child be claimed if there is no court ordered child support, no court ordered custody, and the child spends 50% of the time at the mother’s house and 50% of the time at the father’s house. Neither parent is married and are not in a relationship or home together. Could the father claim the child as a dependent on his takes if the maternal grandmother had already claimed her on several tax years?

February 25, 2014 at 7:53 pm
(240) Estela Dominguez says:

Hi im worried about being audit 2 years ago .and i want to be able to fix this problem.but i dont know anything about how to begin .or starting to fix it .or how much its going to cost i am stressing bad over this issue.ive been audit for house cleaning and for the dependants. Please i need help.

March 1, 2014 at 10:34 pm
(241) In Need of Help says:

I have a very important issue going on. My son’s father and I split up a couple of years ago. He was claiming our son because he our son was staying with him. However, as of early March of last year (2013) he has been in my custody. We were never married but he was claiming him on his taxes. Since our son lived with me and I was living with my mother and she was financed us, I told both her and my son’s father that I was going to let her claim our son this year. He didn’t listen, got his W2′s before my mom and claimed him. Or so I thought. It turns out that he let his gf claim our son since she made more than him. Please, is there anything that I can do about this? Please send the answer to my email, since I don’t have a way to get online all the time. Any info will be greatly appreciated.

March 8, 2014 at 1:14 am
(242) Yvonne says:

my kids mother im assuming did tax with my three children and NEVER gave a cent to them I was working wtc and tried to do my tax but was rejected couldnt do anything so the following year made up with the kids dad but wasnt staying with them just visiting and his mother asked to claim my kids and j but they never gave a cent to us so its two years in a row she did this to us how can I get our refuns on what she promised us??????

March 11, 2014 at 7:34 pm
(243) Heather says:

As per court decree, me and my ex have the children 50/50 therefore he is allowed to claim children because he has higher AGI. However, he didn’t have the children several nights he was supposed to. I ended up have them 15 more nights than him and I paid 7,500 in day care tuition. He claimed them anyway and also claimed all daycare expenses for the children. I mailed my returns to IRS since I was rejected when I efiled. I believe I earned the right to claim them, has anyone ever been in this situation And how did the IRS decide who deserves the dependent?

March 12, 2014 at 12:19 am
(244) William Perez says:

Heather, here’s a brief article on how the IRS handles situations where two people have claimed the same dependent.

March 19, 2014 at 2:25 pm
(245) tara says:

Hello my return was rejected and I was told someone has claimed me and my children.i.believe it was an old accountant .I mailed in proof of who I am,my children and their ss and mines as well.how long will it take for them to approve my stuff.its been about 7 weeks.thank you in aadvance.

March 23, 2014 at 10:30 pm
(246) Dorothy says:

OK, situation:
My boyfriends Ex Is on welfare, section 8, and has 2 foster children, He is Working and paying child support for there son.
And every yr she has her Sister Claim there son on her sisters Taxes. and her sister gives her The money.
SO, Is this legal for someone to claim a child on public assistance and Getting child support.

March 25, 2014 at 4:17 pm
(247) niqua watson says:

My child has been claimed on someone taxes and i havent giving anyone any say so on weather they could file or not i dont kno who it could be but i feel like i got robbed and that person needs to do jail time and the irs or the government whoever does this tax return needs to put a hold on this person unemployment or what ever source of income and pay me my money for my child.its not right that these people can not tell me who claimed for my child

March 26, 2014 at 8:32 am
(248) marie says:

I want to find out to if any of my daughter part of the family claim my children because im dissable i dont work and i cant claim them..but neither no one else because i wont give them permission and i havent give them permission to claim my children.but the irs dont give that information…i need to find out if they was claim because if not they will continue doing it and i want to put a stop on it…i am searching to look for information because i i find out someone in my daughter family side of her family did claim both of my children i have file a police report against them..if some one have information that can be provided ill will really use the help and i will really be grapefull god bless and thank u….

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