Ex claimed our child on taxes without custody - how to resolve?

You'll need to file a paper return with Form 8862 (Information To Claim Certain Credits) attached. According to IRS statistics, approximately 1.6 million rejected e-files occur annually due to dependent conflicts. The process timeline typically works like this: 1. File paper return claiming your child (expect 6-8 weeks processing) 2. Include documentation proving residency (school records, medical records, etc.) 3. Both returns will be flagged for review within 45 days 4. IRS will contact both parties for verification 5. Final determination usually occurs within 120 days Don't delay - the sooner you file, the sooner this gets resolved.

I went through this exact situation on March 12, 2022. Called the IRS for three straight days but couldn't get through. On March 15th, I used Claimyr (https://youtu.be/_kiP6q8DX5c) and got connected to an agent in 17 minutes. The agent confirmed I needed to file a paper return with documentation and explained exactly what proof they needed. They also flagged my case in their system so when my paper return arrived, it would be routed to the right department. Saved me weeks of confusion and helped me get my refund by May 23rd instead of waiting until August like my friend in a similar situation.

My ex pulled this same stunt last year 😂 I was FURIOUS. Had to paper file and wait forever, but I did get my refund eventually. The funny part? He got audited afterward and had to pay back the child tax credit plus penalties. Karma's a beautiful thing sometimes. The key is documentation - I sent copies of school records showing my address, medical appointments I took our daughter to, and a letter from her pediatrician confirming she lived with me. Overkill? Maybe. But I got my full refund and he got a nice bill from the IRS.

This situation requires a systematic approach. Here's what you need to know: • File a paper return immediately with proof of residency • The IRS will conduct an audit process called a "dependent tiebreaker" • Both parties will receive Letter CP87A requesting documentation • Processing will take 4-6 months minimum If you want to understand exactly what's happening during this process, I'd recommend using https://taxr.ai to analyze any IRS notices you receive. It helped me decode the cryptic language on my CP87A letter and understand what documentation would be most effective for my case. The tool explains exactly what each notice means and what steps you should take next.

I dealt with this exact situation in 2021 and again in 2022. Here's the complete process I followed that worked both times: 1. File a paper return immediately (certified mail with return receipt) 2. Include a cover letter briefly explaining the situation 3. Attach documentation proving your child lived with you (I used school records, medical bills, and a notarized letter from our landlord) 4. Include Form 8862 if you're claiming certain credits like EITC 5. Call the IRS at 1-800-829-1040 to alert them to the situation 6. Keep copies of EVERYTHING The first time took about 5 months to resolve, the second time only 3 months. The IRS will eventually investigate both returns and make a determination based on their tiebreaker rules (which favor the parent the child lived with for more than half the year). Be prepared for a long wait, but if your child truly lives with you, you'll ultimately get your refund with interest.

Been there, done that. My ex claimed our kid 2 yrs ago even tho kid lived w/ me 100% of the time. Tbh the IRS process is slower than molasses. Paper filed in Feb, didn't get resolution til Sept. Had to send bank stmts, school records, med docs, etc. The system is frustrating AF. One thing nobody mentioned - if you have a custody agreement that specifically addresses who claims the child for taxes, bring that too. If you don't have one, might be worth getting one to prevent this from happening again. My ex tried the same thing the next yr but I was ready w/ the court order that said it was my year to claim our kid.