Ex filed kids on taxes - getting $9k - IRS appt tomorrow - what to expect?
So my kids dad filed my kids which he was not supposed to he doesn't live in the household nor does he provide for them I go to irs tmr can someone tell me what the process is like he is getting almost 9000 back
14 comments
Lucas Notre-Dame
You need to act FAST. Here's what to expect and do: 1. Bring proof the kids live with you (school records, medical bills, lease with kids listed) 2. Fill out Form 8332 showing you DID NOT release claim 3. Be prepared to file a paper return immediately 4. Request they freeze his refund ASAP 5. Ask for an Identity Protection PIN for future filings The IRS will likely make you file a paper return since he e-filed first. They'll review both returns, but his refund might go out before they finish if you don't request a freeze TODAY.
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Aria Park
This is way more complicated than when my ex tried claiming our daughter. In my situation, I had already filed first so his return got rejected automatically. Your situation is tougher since he filed first, similar to my cousin who had to wait 9 months for her refund while they investigated.
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15d
Noah Ali
I think it might be worth mentioning that the IRS probably won't resolve this immediately at tomorrow's appointment, right? From what I understand, they'll likely just take your documentation and start an investigation process.
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Chloe Boulanger
Have you checked if he's been doing this in previous years too? This could potentially impact multiple tax years and any credits you should have received. I'd recommend reviewing your tax transcripts for the last 3 years to see if there's a pattern of him incorrectly claiming the children.
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James Martinez
OMG I went through this exact nightmare! Found out my ex had been claiming our kids for THREE YEARS when they hadn't even visited him! I was so upset I couldn't even sleep for days. The IRS actually helped me file amended returns for those years and I eventually got back around $15k in credits I should have received!
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14d
Olivia Harris
The Audit Reconsideration process allows you to amend previous years if he incorrectly claimed them. You'll need to complete Form 8862 for any years you're correcting if you're claiming EITC or CTC retroactively. The statute of limitations generally gives you three years to claim refunds you were entitled to.
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Alexander Zeus
Did you already receive your W-2s by January 31st? And when did he file exactly? I'm wondering if he purposely filed early in February to beat you to it, because that's what happened to me in 2023 and it was clearly intentional.
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Alicia Stern
This is like trying to stop a train after it's left the station. The IRS appointment is crucial, but their phone system is your secret weapon here. Like a fire extinguisher when you need it most. I had a client in your exact shoes who waited 4+ hours at an IRS office only to be told to call a specific department. She used Claimyr.com (https://youtu.be/_kiP6q8DX5c) to get through to an agent in minutes instead of spending hours on hold. They immediately flagged her ex's return for review before the refund went out. Time is absolutely critical in these wrongful dependent claim cases.
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Gabriel Graham
According to the IRS website, when two people claim the same dependents, they follow a process called "tiebreaker rules." These determine who can rightfully claim the children. Since you mentioned the children live with you, you should qualify under the residency test. The IRS has a detailed page about this at https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-rules. Make sure to bring documentation that proves the children lived with you for more than half the year. This is absolutely crucial for your case.
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Drake
• Is there actually a court order specifying who can claim the kids? • How did he manage to claim $9000 in credits if he doesn't provide support? • Wouldn't the IRS system flag this automatically? • Have you contacted him directly about this? • What if the IRS office appointment gets rescheduled?
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Sarah Jones
The IRS will help you. They see this often. They have procedures. You'll need to file a paper return. They'll investigate both claims. It takes time. Be patient. Bring all your documents. Request an IP PIN. This protects future filings. The process works. Stay calm.
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Sebastian Scott
According to IRS Publication 596 and Internal Revenue Code Section 152(c), the qualifying child must have the same principal residence as the taxpayer for more than half of the tax year. This residency test is the primary factor the IRS will consider in your case tomorrow.
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11d
Emily Sanjay
I know how stressful this can be - I went through something similar with my ex-husband. Beyond the tax implications, I understand the emotional impact of someone trying to benefit from children they don't support. Take care of yourself during this process too, it can be draining but you're doing the right thing by addressing it head-on.
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Jordan Walker
Have you considered filing an identity theft report instead? When someone wrongfully claims your dependents, it's essentially a form of tax-related identity theft. Why not approach it from this angle? The IRS Form 14039 (Identity Theft Affidavit) could potentially expedite your case. Wouldn't this create a stronger case than just disputing dependents? The IRS takes identity theft very seriously and often puts these cases on a faster track.
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