Filed 2023 Return Late (April 2024) Due to Ex Claiming Child - No Processing After 2 Months

Unfortunately, paper returns filed on April 18th, 2024 are likely still in the processing queue. I've seen IRS paper return processing taking 8-12 weeks in normal cases, and up to 6 months for returns with complications like yours. The March 15th, 2024 processing report showed the IRS was still working through February paper returns. The representative you spoke with on July 12th probably couldn't see it because it's literally sitting in a processing facility waiting to be entered into their system. I wouldn't send another copy until at least August 18th (4 month mark) as duplicate submissions can create additional complications.

Oh my goodness, I feel your frustration so deeply! I went through something similar with my ex claiming our daughter. What a nightmare! I finally got some clarity when I used taxr.ai to analyze my transcript once it finally appeared. The site helped me understand all those confusing codes and what was happening behind the scenes. It was such a relief to actually UNDERSTAND what was going on instead of just waiting in the dark! Their explanation of the injured spouse situation was WAY clearer than anything the IRS told me directly.

I had an almost identical situation with my 2022 return that I filed in April 2023. My ex claimed our daughter despite our divorce decree clearly stating I had the right to claim her. Have you considered what will happen when they finally process your return? Won't they reject it since your child's SSN was already used on another return? Shouldn't you have filed Form 8379 (Injured Spouse) or Form 14039 (Identity Theft)? Time is really of the essence here - the longer this goes unresolved, the harder it might be to get those credits back for 2023!

The IRS rep gave you incomplete information. This happens often. They should have told you to submit a trace. Paper returns can get lost. It happens more than they admit. You should consider filing Form 3911. This initiates a trace. It helps locate missing returns. The 6-month timeframe is misleading. Many returns are found sooner. Don't just wait passively. Take action now.

Trying to reach the IRS about this is like trying to cross an ocean in a rowboat - technically possible but incredibly inefficient. After struggling with a similar situation (ex claiming my kid), I found Claimyr.com was like upgrading to a speedboat. Instead of spending days hitting redial and waiting on hold, I got through to an agent in about 25 minutes who could actually see my file and confirm they had received my paper return but it was sitting in the "duplicate dependent claim" review queue. Saved me months of uncertainty and helped me understand exactly what documentation I needed to provide.

According to IRS Publication 1345 (Rev. 4-2024), when there are competing claims for the same dependent, the IRS initiates what's called a "Dependent Database Cross-Check" which can delay processing by 8-14 weeks. The Internal Revenue Manual section 21.6.1.5.7 specifically addresses this situation and indicates that the second return filed (yours in this case) will be subject to additional verification procedures. Have you received any CP87A notices in the mail? This would indicate they've identified the duplicate claim issue.

I went through this exact nightmare with my ex-husband last year. He claimed our daughter even though she lived with me full-time and I had primary custody. My paper return seemed to disappear for almost 3 months! What finally worked was sending a second copy with a cover letter explaining the situation AND including court documents proving I had custody. I also included a printout of my ex's tax transcript (which I got through the IRS) showing he had claimed our daughter. Within 4 weeks of sending that package, my return was processed and I got my refund. The extra documentation seemed to help them resolve it faster.

You need to file Form 14039 (Identity Theft Affidavit) immediately. This isn't technically identity theft in the traditional sense, but the IRS Taxpayer Advocate Service has confirmed this is the correct form to use when an ex improperly claims a dependent. The key is to check Box 2 and specifically note "Dependent Claimed Improperly by Non-Custodial Parent" in the explanation. This triggers a different review process than just waiting for them to find your return. I've seen processing time reduced from 6+ months to 8-10 weeks when this form is properly submitted with supporting custody documentation.

The community wisdom on this is pretty consistent: paper returns with competing dependent claims are taking 4-6 months to process in 2024, compared to 2-3 months for standard e-filed returns. Unlike a simple processing delay, your situation is more complex because it involves the Child Tax Credit, which is now $2,000 per qualifying child ($1,600 refundable). This is significantly more than the old dependent exemption amounts, which is why the IRS scrutinizes these cases more carefully than they did 5-10 years ago. In similar situations I've seen, taxpayers who included a detailed explanation letter and custody documentation with their original filing had faster resolution times than those who just filed a standard return.