Dependent Woes

[Kastokes]

So my son’s mother and I have a court agreement that we alternate tax years to claim him. This year is mine.

I received a return rejected notice stating that someone had already claimed him on their return and been accepted. After talking with his mom, she realized she made the mistake. I don’t think she has any intentions of fixing it though. She also received the tax credits last year, so she will probably owe that back to the IRS, since they were technically for this year’s return.

A couple weeks ago when this happened, I mailed in my return along with proof of my right to claim our son this year. I realize the IRS is even more backed up than usual, but I’m wondering if it will end up holding up her return? Is there any other action I can take at this point to keep them from sending out her refund? The reason I ask is because I’m assuming my return will be processed well after tax season and her return being approved could hold things up even more.

Thanks ahead of time!

[LambFran]

The IRS isn’t concerned with what your court order or custody agreement says when you file your taxes. The IRS wants to know who is the custodial parent. Thats who your son lived with most of that year. However, the custodial parent can claim an exemption by filling out form 8332 (your case). Make sure that has happened first and if shes not willing to give you info, unfortunately you may have to go back to court to resolve it.

[Author]

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