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According to the IRS.gov FAQ section on Child Tax Credits, this situation is actually addressed! The website specifically notes that the advance payments go to the parent who claimed the child on the most recently filed and processed tax return, regardless of who will claim the child for the current year. I'm curious - have you checked the Child Tax Credit Update Portal on IRS.gov? It shows exactly how much you've received in advance payments, which would be helpful to know when figuring out what portion your ex would still be eligible to claim when filing.
I GOT AUDITED because of this exact thing!! My ex got the advance payments but refused to give me any of it even though it was MY YEAR to claim our daughter. When I filed and claimed the FULL amount (didn't know about the advance payments), the IRS flagged my return. Took 9 MONTHS to resolve and I had to pay back the portion my ex already received. Don't be like my ex - if it's his year to claim, either give him the money or make sure he knows exactly how much you received so he only claims the remaining amount.
I went through the Manual Review Process for an amended return last month and it was a nightmare. The IRS Taxpayer Protection Program flagged my amendment because it involved dependent credits. I spent three days trying to reach an agent using the regular channels. When I finally connected, they told me my amendment was selected for Additional Verification Protocol which requires a live representative to confirm dependent eligibility criteria. Just be prepared - they may ask for documentation you don't have on hand, which could cause further delays in processing.
From what I've seen in this community, it's probably, in most cases, just a verification call. They might, potentially, need to confirm your daughter's information since the amendment specifically involves the Child Tax Credit. It seems like they're being more thorough with credit-related amendments this year. I'd suggest having not just your return but possibly your daughter's social security card and birth certificate information available when you call. The good news is that once you get through, these calls are usually fairly quick, though I wouldn't necessarily count on a simple process.
I was in the same boat last year waiting for my refund with a DDD and a major car repair bill looming. After my DDD passed with no deposit, I spent three days trying to get through to the IRS on their regular number with no luck. I finally used Claimyr (https://claimyr.com) and got connected to an actual agent in about 15 minutes. Turns out there was a small verification issue they needed to clear up. Got my deposit two days later. If your DDD passes with no deposit, might be worth considering instead of waiting on hold for hours.
According to Internal Revenue Manual 21.4.6, the Treasury Offset Program (TOP) is required by law to provide pre-offset notices to taxpayers before any refund offset occurs. Pursuant to IRC ยง 6402, taxpayers must be given opportunity to resolve or dispute potential offsets. The fact that you received no pre-offset notice and TOP confirms no debts strongly suggests this is a system error. I was surprised to learn that approximately 8% of offset notices on WMR are false positives according to Taxpayer Advocate Service data.
I went through this exact scenario in March! The IRS.gov website has a page about this: https://www.irs.gov/taxtopics/tc203. In my case, I called both the TOP line (800-304-3107) and checked my account transcript. No offsets showing anywhere but WMR. My full refund hit my account exactly on the 846 date. The IRS systems seem to be having more of these display errors this year based on what I've read in the r/IRS community. Just keep an eye on your bank account on May 5th!
Niko Ramsey
Def don't panic about this sitch. IRS is way more reasonable than ppl think when you're proactive. IMO, start w/ the most recent yr (2023) and work backwards. The IRS is actually pretty chill about unfiled returns when refunds are due - they're not gonna come after you for $ they owe YOU, yk? Just make sure you keep copies of EVERYTHING and send returns via certified mail so you have proof of when you filed. Good luck w/ the post-divorce tax cleanup! ๐
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Seraphina Delan
Let me share what happened to my brother-in-law in a similar situation: Step 1: He ignored 5 years of unfiled taxes Step 2: He assumed he'd get refunds for all years Step 3: When he finally filed, he discovered he had self-employment income he'd forgotten about Step 4: Instead of refunds, he owed $17,000 plus penalties Step 5: The IRS put a lien on his house Don't assume you know the outcome! Get your wage and income transcripts FIRST, then file accurately. The IRS has a 10-year collection window, and they WILL find you eventually. I'm not trying to scare you, but being realistic about what can happen.
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