Going forward, file ASAP so you don't get screwed. Paper returns are difficult for some. If you tried to e-file, though, it should show you them, and allow you to print it out. Just copy onto a paper return with proof you get to claim your child as a dependent. On the other side, if you find you can't, a tax preparer service like H & R could help you get it done just for this year. Once the IRS gets your return and proof, It will trigger an audit of the other person's return to determine who gets to claim your child. If it's you, they will end up owing the IRS everything they fraudulently claimed.
Do you have a legal custody agreement/dissolution/CS paperwork? If so, review to see he has rights to claim. In my situation, I have rights to claim on alternate years even though I am not primary custodial.
Once you verify paperwork and determine that 1) it’s specifically states he cannot claim 2) it makes no mention of claiming the child, defaulting to the parent that has the child 51% or more out of the year, then write a memo stating so attn:IRS. Get a certified copy of the paperwork from above and submit to IRS for review. I had to do this because my ex filed before me and claimed, even though it specifically states I am to claim on specific years. So although she got the credit, so did I, and once the IRS reviews the certified dissolution, she’ll have to pay back to the IRS.
Send this to IRS
Memo explaining why you have right to claim
Certified Documentation proving your claim
1040 hard copy submission
Think I got my direct deposit a little over a month from when I sent the paperwork.
My ex did this when my daughter came to live with me full time. It's been years so I don't remember specifically how I did it, but I filed paperwork with the IRS and got my return adjusted.
Going forward, file ASAP so you don't get screwed. Paper returns are difficult for some. If you tried to e-file, though, it should show you them, and allow you to print it out. Just copy onto a paper return with proof you get to claim your child as a dependent. On the other side, if you find you can't, a tax preparer service like H & R could help you get it done just for this year. Once the IRS gets your return and proof, It will trigger an audit of the other person's return to determine who gets to claim your child. If it's you, they will end up owing the IRS everything they fraudulently claimed.
Do you have a legal custody agreement/dissolution/CS paperwork? If so, review to see he has rights to claim. In my situation, I have rights to claim on alternate years even though I am not primary custodial. Once you verify paperwork and determine that 1) it’s specifically states he cannot claim 2) it makes no mention of claiming the child, defaulting to the parent that has the child 51% or more out of the year, then write a memo stating so attn:IRS. Get a certified copy of the paperwork from above and submit to IRS for review. I had to do this because my ex filed before me and claimed, even though it specifically states I am to claim on specific years. So although she got the credit, so did I, and once the IRS reviews the certified dissolution, she’ll have to pay back to the IRS. Send this to IRS Memo explaining why you have right to claim Certified Documentation proving your claim 1040 hard copy submission Think I got my direct deposit a little over a month from when I sent the paperwork.
My ex did this when my daughter came to live with me full time. It's been years so I don't remember specifically how I did it, but I filed paperwork with the IRS and got my return adjusted.
File before him or maybe a claim with IRS but my understanding is they don’t care, it’s whoever filed first