Question!!

[Lishalynn]

So I’ve wrote something more than once about this but I’m gonna ask again lol

I file my daughter every year. She’s 9.
My daughters grandma (father side) the past two years got mad that I dont give her son money from the return…he doesn’t help or in the picture
A few months ago she told me to split my return with him when I file.
Not happening.
A few weeks ago she told me I’ve been reported for fraud last year and this year..
Yesterday she left me a voicemail saying she’s filing her taxes and “they” said I’d be the one that will get in trouble? And if I haven’t filed don’t (cuz I told her I can’t file til feb 15 anyways) and she’s filing my daughter on her return for the past 2 years…

I filed the 24 accepted the 25. I ordered account transcripts and tax return transcripts. My process date says feb 18

Anyways lol
What happens?

I heard her return will get rejected and then she has to send in a paper return and then it’s dealt with..

I heard that they will flag both of the returns

I heard it will take months.

People told me not to worry she’s just trying to scare me

Idk what will happen?

[Bobbi]

NP 🤙 Hopefully you’ll learn to let her attempts at bullying and manipulation roll. YOU know what YOU do and provide for ur girl!

[Lishalynn]

Thank u @bobbi and @joanne

And I apologize @momjess but she hasn’t liked me for 13 years and this woman claims I use my child as a meal ticket and also claims she’s isn’t white Bc she mixed with black… and not to mention when I gave birth and allows her in the room while I was giving birth, she said my daughter wasn’t dark enough…tmi but I’m very angry and it’s difficult dealing with a manipulative liar who is my daughters grandmother

[Lishalynn]

@momjess

I appreciate ur answer but idgaf how many times I posted something like this..I’m worried.

She has money and her daughter is a lawyer and judge..
This woman is manipulative and racist and spiteful and wants to try to f me over Bc of my pos baby dad

So thanks for pointing out u noticed all my posts but I’m gonna ask until I feel ok

[Bobbi]

@Mike

RIGHT! Damnit n then some! Lol🤙

[Joanne]

Nothing will happen. If she lives with you she is your dependent. I have been in the same situation and I promise there is nothing she can do. You have the legal right to list your daughter as your dependent. The most that will happen is that they will have you prove that she lives with you which you can do with school records if she is used on someone else’s return. If she e- files with her as a dependent since you already filed, hers will be immediately rejected. She is just trying to scare you.

[momjess]

This is the 3rd post I’ve seen on this, and you always get the same answers.

So the final answer is…if she lived with you for 6+ months of the year and you provide for her, THEY will be the ones in trouble.

[Renee]

Where did your daughter sleep for more than 6 months of the year? If her pillow rested in your home for six months plus one day (6mo + 1 day = more than 6), she is your dependant unless you have an agreement otherwise. Oral agreements are legal agreements.

[Mike]

Damnit Bobbi

[Bobbi]

I’ve had my middle daughters father, whom she only visits 4 days a month, claim her illegally. I’ve then filed, without knowing he had, received a rejected email instead of accepted and just resolved the matter with a phone call and a resubmit. No flagging. I only speak from actual experience. Like anyone would say tho, every case is different. I did my do diligence to ensure I knew what was legal and acceptable ya know. Kinda all you can do really. Good luck to u and yours!

[Lishalynn]

Thank you everyone for the info!!!

I still feel mixed messages!
I’m mainly worried because I need my refund not to be delayed to take care of things I’ve been holding off for years. I’m trying to be responsible again! Lol

[John]

Being that you have already filed your return hers will get rejected. She may called the IRS and attempt to say you filed a fraudulent return and if your return has not processed completely, IRS may flag yours but a few simple documents proving you’re the sole caregiver will clear that up. And in return IRS could disqualify her for claiming CTC as well as look into her filing fraudulent claims. I do know for a fact if you can’t provide necessary documents showing you’re the sole caregiver and she’s able to somehow show the child is in her care for more than 6 months during the year and you receive a refund you will be on the hook for repaying whatever amount you got for carrying the child. My smart yet dumb 🤦 brother filed his return several years ago prior to his child mother and got a refund but once she filed and showed proof that the child was solely cared for by her he had to repay his whole refund amount

[MizuSeirei]

She can’t file using your child. That alone is fraud. You can report her to the IRS, and let them know what’s going on by calling tinge fraud hotline.

As far as her trying to report you, it will stand no ground.

Who does your daughter live with?
Who does she get most of her care from?
From whom’s house does she attend school?
Who takes her to the Dr. / hospital?
Who provides her meals?
Is any of the above done by you for at least 7 months out of the year?

If all of those answers YOU, then her claim will hold no ground.

The IRS will flag her return, and MAY flag yours, however all you will need to do (if they flagged you) is take proof that your child is your dependent (Dr. records, school records, information from the state proving that she lives with you (if it applies), etc. and they will document you as the only one whom can ever claim her as a dependent unless you send In writing that you no longer support her. I know this, because a family member of mine tried to claim a child of mine without permission and thiese are the steps that I needed to take. It will also make it where SHE will only be able to paper file if she ever claims a dependent ever again. She really needs to think twice before she is flagged for exam (audit), because if she has ever claimed children that are not her charges, she will have to pay back all of those credits. This I know, because my husband, 2 in-laws, and 4 other friends work for the IRS, as well as 6 others work for other departments in the federal government.

[Bobbi]

*Correction…NOT permission per say. Sorry… You filing the form 8332 just ensures that they do meet the criteria either way to claim her.

[Bobbi]

Unless it’s court ordered, the custodial parent is the only one legally entitled to claim the child. If someone else does so after you have filed, they will not get flagged but simply rejected. If u report that they are fraudulently attempting to claim her then they will get flagged. On the Dept. Of Revenue site there is criteria for what the legal basis is for claiming a child. If you were to allow her father to claim her, or the grandmother, they would HAVE ro be provided a form 8332 filled out and provided by you giving them permission.

https://www.google.com/url?sa=i&source=undefined&cd=&ved=0ahUKEwiBmeanirrgAhVRmlkKHby8AroQzPwBCAM&url=https%3A%2F%2Fturbotax.intuit.com%2Ftax-tips%2Ffamily%2Fwhat-is-form-8332-release-revocation-of-release-of-claim-to-exemption-for-child-by-custodial-parent%2FL25kdeRnR&psig=AOvVaw3QJoPO3W4jn0pNX5Wu1G27&ust=1550194404830778

She has no legal standing whatsoever if she is not custodial parent. Also, for those not sure, paying child support does NOT constitue the right to claim a child either.

[AmiVintageSoulja]

Lishalynn I would contact a taxpayer advocate, ask for suggestions and advice. Contact an attorney, if finances don’t allow that, contact legal aide in your city. If you haven’t filed — go ahead and do so. Don’t be afraid of a roguish old cow! I’ll be rooting for you!

[Lishalynn]

@petty

Thank you!

[Lishalynn]

And her daughter is a judge in Texas…so that’s what really scares me. If u have someone like that in ur family…

[Lishalynn]

@Aprile
@C

Thank you

[Lishalynn]

@Cityslicker149

Hahaha! U have no idea! Lol

But hopefully it’s the 2 person..

Maybe she knows if I already filed then she can’t. And she was trying to scar me?
I read somewhere u have to be over 25 and under 65 to claims eitc…but idk if that’s true..probably not lol

[Lishalynn]

@mcrt88

Thank you! Please do! And I appreciate it!

[Petty]

This happened to my parents with my half brother. His mom claimed him first and my parents had to prove that they were supporting him and have sole custody. Birth mom was ordered to pay back the total amount and disallowed from claiming again. Whoever claimed and is processed first will get the money, but the second filer will have the chance to amend and report/show proof that they were the sole caretaker and legally owed the refund.

[Aprile]

If she does not infact show proof she will not be able to claim the EITC or ACTC for so many (they set the said number) years in the future so she will screw herself

[C]

Your child’s father’s mother is the one that will be flagged for fraud in particular if she filed taxes with your daughters info. She has no right to do so, in particular if the child doesn’t live with her. If you have your daughter full time, her father cannot claim her on taxes because as you stated he doesn’t provide her support. She would have to have lived with him full time for a year, last year 2018. Your ex’s mother is misinformed to say the least. The problem is if she did in fact file taxes with your daughters info it might be a hiccup for you, but what you have on your side assuming you have carried your daughter on taxes all of her life is the IRS can confirm this with prior years returns. Knowledge is power. I encourage you to research things on google, go to the attorney general website and read a lot in general. Info is out there. Just an FYI. You deserve your taxes as you have worked hard and provided for your daughter. Do not be afraid, intimidated and nothing else by what this person says. Good luck!

[Cityslicker149]

From what I heard years ago, which might or might not be wrong, is that the 2nd person who files her gets flagged. I’m unsure if they changed it to both returns. She’s a clown win or lose 🤡

[Ash91]

@lishalyn if your daughter has been living with you for the whole year and you fully support her, you have the right to claim her. If her grandmother doesn’t have custody or if she hasn’t provided for her or lived with her the whole 12 months, there’s nothing she can do. You can report fraud on her if those are the cases. If both of you claimed her, then it maybe a red flag come back on both of you guys, and it could be rejected. I’m not sure. If that happens and you’ve supported your daughter and or have custody, file fraud on the grandmother and father and then re file.

[Mcrt88]

My ex did this with our son.. Fortunately I had filed first and so I got my return and hers got rejected. They sent me a paper that said she tried to claim him and I think it was on her for the “burden of proof”.. However, since I have sole legal custody and she doesn’t even see him, I don’t think she ever followed up with them. I assume it will just be dropped, however, they may ask me to send in the agreement this year. I have already talked to somebody and they said IF they ask me to verify the custody agreement this year, it’s a simple matter of e-mail or faxing it into them and then they look at it and approve my return.

So, you should be fine. You’ll probably get a letter later in the year (I think I got mine in May) and the other party who didn’t get the child credit will be required to prove it. As far as following years, I will try to remember to update if everything goes smooth this year.

[Author]

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