EX Husband claimed the kids

[MZHill82]

My ex husband claimed two of our 4 kids on his taxes without my knowledge nor consent. I filed my taxes back on January 24, they were accepted the next day. He said he filed his last week…does anybody know if they will keep my refund because the kids ssn show up on two different returns. Also i checked online…it says i’m the one to claim them because I’m the custodial parent…I just really needed that refund and now im afraid PATH will catch it and hold us up till we verify whom the kids live with…

[Tara]

Yes if yours was accepted they are yours. Even if he filed paper return ge will get a notice saying his refund is reduced without using the children otherwise he ca. Attempt to fight it but he would have to show solid proof and documentation that he is custodial parent and they love with him full time otherwise he has no chance and you are good. It should t delay you any more of anything they may request documents from you down the road just to verify but it should not delay your refund

[Lance]

If he filed a paper return it won’t be rejected

[Thorin-wifey 😂😂]

In all honesty when he filed they should have called him the next day to let him know the kids had been claimed already this happened to me a couple of years ago my ex tried to claim my son and the next day they called and told him that he had already been claimed so most likely his refund will be reduced

[Semper Fi]

This depends on who had them the majority. The PATH isn’t to stop one parent or the other. IRS doesn’t know who gets to claim who. It becomes a nasty battle to prove via court order (if in place) gets to claim kids. 50\50 physical custody-typically parents mature enough do it alternating years (hopefully in a court order). My wife gets to claim my step kids cuz we have them 9 out 12 months.

If the ex didn’t have the right to claim, he will owe back that money.

[shelli]

This is one example of why PATH was put into place.

[Winter]

His will get rejected. It’s the first person to file, not the first person to get processed so having path will not affect you. The second you file and are accepted, those SSN’s are attached to your return, no one else can file a return with the same numbers. The IRS will just kick it back.

[MZHill82]

FYI: I have the PATH act and have had it since last week…

[MZHill82]

So if mines are accepted…does that mean I filed before him?

[Lea]

What Tara says is what will happen. Trust me, my best friend has to always make sure she files first because her grimy ex husband ALWAYS tries to claim the kids and legally, he isn’t supposed to. His always gets kicked back!

[Tara]

If he filed after you his will or should get rejected. Same thing happened to me but I filed first and his kept getting rejected and stated Social was already used on an9ther return

[Author]

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