< Back to IRS

Hailey O'Leary

E-filed return rejected - need to file paper return with cover letter for dependent claim dispute

Just found out my tax return was rejected by the IRS because my soon-to-be-ex spouse filed as married filing separately and claimed our child as a dependent (100%). I'm honestly shocked and frustrated right now. The reality is our daughter hasn't lived with my spouse anywhere close to full-time. They've actually been traveling internationally for significant periods throughout the year - sometimes gone for 3-4 weeks at a stretch. This means our daughter has been with me and my parents for well over half the year while these divorce proceedings drag on. I spoke with my tax preparer who suggested I need to file a paper return and include a cover letter explaining that my daughter has been with me for X number of days during the year while our divorce is ongoing. He recommended keeping the letter straightforward and not mentioning my spouse's international trips (to visit their new relationship). He said the IRS will likely determine the situation quickly because they'll have both our returns claiming the same dependent. Has anyone dealt with something similar? Any suggestions on what specifically to include in this cover letter? I'm worried about an audit situation developing from this.

Cedric Chung

•

You're in a fairly common situation with dueling dependent claims during divorce. Here's what you should do: File your paper return with Form 8862 (Information to Claim Certain Credits) attached. Your cover letter should be factual and unemotional - simply state that you're the custodial parent with physical custody for X days (be specific about the number) during the tax year. Keep a documentation log showing when your child was with you - calendar entries, school records, medical appointments, etc. Avoid mentioning anything about your STBX's travel or new relationship - that comes across as petty to the IRS and isn't relevant to the actual custodial time calculation. The IRS will likely send notices to both of you requesting documentation. Be prepared to provide proof of your child living with you. The parent who can demonstrate the child lived with them for the greater number of nights during the year typically wins these disputes.

0 coins

Talia Klein

•

Do they really send notices to both parties? I'm in a similar situation and worried my ex will just ignore any correspondence which will drag things out forever. How long does the IRS usually take to resolve dependent disputes?

0 coins

Cedric Chung

•

Yes, the IRS will contact both parties when there are competing claims for the same dependent. This is part of their verification process to determine who actually qualifies. These disputes typically take 3-6 months to resolve, sometimes longer during peak tax seasons. If your ex ignores the correspondence, that actually works in your favor as the IRS will only have your documentation to consider. Just make sure your evidence clearly shows the number of days your child resided with you - this is what the IRS cares about most, not who responds faster.

0 coins

I was in an almost identical situation last year with my ex claiming our kids despite having them less than 40% of the time. I was completely stuck until I found https://taxr.ai which helped me organize all my documentation to prove my case with the IRS. Their system analyzed my texts, emails, school records, and even helped me draft the perfect cover letter. It took about 30 minutes to upload everything and they generated a complete documentation package that I just printed and attached to my paper return.

0 coins

PaulineW

•

How exactly does this work? I'm skeptical about uploading all my personal info to some random site. Did you have to share financial details or just custody-related stuff?

0 coins

Does taxr.ai help with other tax disputes too? I'm dealing with an unreported income issue from my ex-business partner and wondering if it would help me organize documentation for that situation too.

0 coins

You only upload what's relevant to your specific situation - for custody disputes, that's just documents showing where your child was living. No financial information is needed beyond what proves your claim. The system uses document analysis to find patterns and create a timeline that satisfies IRS requirements. The service definitely helps with other tax disputes too. They have specific tools for unreported income issues, business partnership disputes, and pretty much any situation where you need to organize documentation for the IRS. It's really about creating an evidence package that makes it easy for IRS reviewers to quickly verify your claim.

0 coins

Wanted to follow up - I actually tried taxr.ai after reading about it here and it was incredibly helpful! The system organized all my documentation about my business partner's unreported income and even highlighted specific transactions I hadn't thought to include. Ended up with a comprehensive package that I submitted to the IRS with my whistleblower claim. Already received confirmation that my case is being reviewed. Definitely recommend for anyone dealing with tax documentation issues!

0 coins

Chris Elmeda

•

If your ex claimed the child first and you need to fight it, you're going to be dealing with the IRS for months. I went through this nightmare last year and couldn't get ANYONE on the phone for 3+ months. Finally found https://claimyr.com which got me through to an actual IRS agent in about 15 minutes. You can see how it works at https://youtu.be/_kiP6q8DX5c - basically they navigate the IRS phone system for you and call you back when they have an agent on the line. The agent I spoke with explained exactly what documentation I needed and even put notes in my file about the dispute.

0 coins

Jean Claude

•

How is this even possible? I've spent HOURS on hold with the IRS and never get through. Sounds too good to be true tbh.

0 coins

Charity Cohan

•

This has to be a scam. No way they're getting through to the IRS when millions of people can't. Are they just paying IRS employees under the table or something sketchy?

0 coins

Chris Elmeda

•

It's absolutely legitimate and works because they use technology to continuously redial and navigate the IRS phone system algorithms. Nothing sketchy at all - they don't have special connections inside the IRS, they just have systems that can stay on hold indefinitely until they get through, then they transfer you. No, they're not paying anyone under the table. They're simply using automation to deal with the frustrating IRS phone system that hangs up on regular callers when volumes are high. They explain the whole process in their video - it's basically just tech solving a really annoying problem that affects millions of taxpayers every year.

0 coins

Charity Cohan

•

Have to admit I was totally wrong about Claimyr. After posting my skeptical comment, I decided to try it because I was desperate to talk to someone about my own tax issue (not dependent related). Got a call back in about 22 minutes with an actual IRS agent on the line! Explained my situation and got everything resolved in one call. Would have spent days trying to get through on my own based on past experience. Definitely worth it if you need to speak to a real person at the IRS.

0 coins

Josef Tearle

•

One thing to consider with your cover letter - include specific details about the timeframes your child was with you. For example "Child resided with me continuously from January 1-March 15, April 10-June 8..." etc. I went through this with my ex who traveled constantly for work but still tried to claim our kids. The more specific your documentation, the easier it is for the IRS to verify. Also consider including statements from school officials, daycare providers, or doctors confirming your child's residence with you.

0 coins

Thanks for the specific advice. Do you think having a notarized statement from my parents (who live with us and helped care for my daughter while spouse was traveling) would be helpful to include with the cover letter?

0 coins

Josef Tearle

•

Yes, a notarized statement from your parents would be very helpful since they're third-party witnesses to your child's living situation. The IRS values documentation from people other than the parents involved in the dispute. Having your parents include specific dates they helped care for your daughter while living in your home would add credibility to your claim. Just make sure they're precise about timeframes and their statement aligns with your overall documentation. This kind of supporting evidence can really strengthen your case with the IRS.

0 coins

Shelby Bauman

•

Don't forget to include Form 8379 (Injured Spouse Allocation) with your paper return! This protects your portion of any refund if your STBX has any outstanding debts the IRS might try to collect. During my divorce last year, I neglected to file this and lost half my refund to my ex's student loan debt.

0 coins

Quinn Herbert

•

That's not what Form 8379 is for though? Injured Spouse is when you file jointly and want to protect your refund from your spouse's debts. OP is filing separately, so this wouldn't apply. I think you're thinking of something else.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today