Ex-husband claiming me and our kids on taxes - CTC and stimulus conflict?

This is definitely concerning. As of January 15, 2024, the IRS is automatically flagging returns with duplicate dependent claims, so this will likely delay both your refunds. On March 1st, I went through something similar with my ex. The person who files first usually gets the refund processed first, but then the second filer gets a notice requesting verification of eligibility to claim the dependents. Have you already filed your return claiming the children?

This is a textbook case of conflicting dependent claims that will trigger IRS verification procedures. You'll need to be prepared to substantiate your right to claim the children with the IRS. When my ex tried claiming our children inappropriately, I spent 3 weeks trying to reach someone at the IRS without success. I finally used Claimyr (https://youtu.be/_kiP6q8DX5c) to get through to an agent in about 15 minutes who helped me understand exactly what documentation I needed to submit to verify my eligibility. The agent explained that the Residency Test and Relationship Test are the primary factors they evaluate. Definitely worth the connection fee to avoid weeks of frustration.

According to IRS Publication 501, your ex-husband cannot legitimately claim you as a dependent unless you: (1) lived with him for the entire year as a member of his household, (2) had gross income less than $4,700 for 2023, (3) received more than half your support from him, and (4) cannot be claimed as a dependent by someone else. Regarding the children, IRC §152(c)(4)(B) establishes the "tiebreaker rules" for determining which parent can claim a qualifying child when parents are divorced. The child is treated as the qualifying child of the custodial parent (the parent with whom the child lived for the longer period during the year). If equal time, then it goes to the parent with the higher AGI. The IRS has automated systems to detect duplicate dependent claims, which will likely delay both returns for manual review.

According to the IRS.gov website under "Dependents and Qualifying Children," you should gather documentation now to support your claim. This includes school records showing your address, medical records, childcare receipts, and any court custody documents. If your ex-husband e-files first, your e-filed return will be rejected for those same dependents. You'd then need to paper file with Form 8862 (Information To Claim Certain Credits After Disallowance) and be prepared for a longer processing time. The Child Tax Credit portal at childtaxcredit.gov also has resources about what happens with advance payments in disputed cases.

When my ex tried claiming our kids last April, I was so confused trying to decipher the IRS notices. The 1444-C forms showing stimulus payments and Letter 6419 for CTC advance payments were crucial in resolving the issue. I used https://taxr.ai to analyze my transcript and notices - it highlighted exactly where the conflicting dependent information appeared and explained what each code meant. The analysis showed that my ex couldn't claim the recovery rebate credit or additional CTC since I had already received the advance payments, which saved me hours of research. The IRS eventually adjusted his return rather than mine since I had the documentation.

This makes me so angry! 😤 Your ex-husband is attempting tax fraud by claiming you as a dependent when you're clearly not eligible. The IRS absolutely DOES track who received advance CTC payments and stimulus payments, and they reconcile this during processing. Save ALL documentation showing the children lived with you - school records, medical appointments, anything with dates and addresses. If you have a custody agreement, that's gold! The fact he's trying to claim YOU as a dependent is actually good news - it shows he's being greedy and the IRS will likely scrutinize his entire return more carefully.

Def keep calm on this one. IRS has seen this scenario 1000x before. What worked for me: file ur return correctly ASAP (if u haven't already). Keep all ur CTC letters (Letter 6419) and stimulus proof (Notice 1444-C) in a safe place. IRS systems usually catch duplicate claims automatically. They'll send letters to both of u asking for proof. The person w/ legit claim wins. Worst case: might delay ur refund while they sort it out, but u won't have to repay $ if ur the rightful recipient. Btw, him claiming u as dependent is obv wrong unless u lived w/ him ALL year.

Quick question - have you already filed your 2023 return? The tax deadline is just around the corner (April 15th, folks! 😬) and if you haven't filed yet, you should do it ASAP! If he files first with incorrect info, your e-file might get rejected and you'd have to paper file, which takes foreeeeever to process.

This situation involves several different tax issues that need to be untangled: • Dependency claims - He cannot claim you unless you lived with him ALL year and meet other tests • Child Tax Credit - Advanced payments went to whoever claimed the kids in the previous year • Third stimulus (EIP3) - Also went to whoever claimed the kids previously • Newborn child - Special rules apply for children born in 2023 The IRS actually has a pretty robust system for handling conflicting claims! They don't just automatically give credits to whoever files first anymore. They look at who received advance payments and who has legitimate claim to the dependents.

My sister went through this exact scenario last tax season. Her ex claimed their two kids despite them living with her full-time. You know what happened? The IRS froze both refunds and sent both parents a letter requesting documentation. She sent in school records showing her address, medical bills she paid, and their custody agreement. Guess what? Her ex's tax return was adjusted, the kids were removed from his return, and he had to pay back the refundable credits he'd incorrectly received. The IRS actually handles these situations pretty effectively, don't you think? The key is responding quickly to any IRS notices and having your documentation ready.