Help! IRS rejected my tax return because dependent's SSN already used by ex

Title: Help! IRS rejected my tax return because dependent's SSN already used by ex 1 I'm hoping someone can point me in the right direction here. I just e-filed my tax return through TurboTax and got a rejection notice. The IRS kicked back my return because my son's social security number has already been claimed on another return. After texting my ex-husband about it, he admitted he "accidentally" claimed our son even though we have a court order from 2018 that clearly states this is MY year to claim him as a dependent. Our custody agreement alternates years, and I'm 100% certain this is my year. I've tried calling the IRS multiple times but can't get through to an actual human being. The automated system is useless for this situation. TurboTax just says to contact the IRS, which is clearly not working. Has anyone dealt with this before? What are my options now? Do I need to file a paper return instead? I'm really frustrated because I was counting on that tax credit.

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18 comments

Miguel Alvarez

•8M

15 You've got a couple of options here. First, since you have a court order, you are legally entitled to claim your son. The IRS doesn't automatically know about your custody agreement, so you'll need to prove it. Your best course of action is to file a paper return. Include a copy of your custody agreement highlighting the relevant portion that shows this is your year to claim your son. Also include a brief explanation of the situation. The IRS will then review both returns and make a determination based on the documentation. You should also talk to your ex and ask them to file an amended return (Form 1040-X) removing your son as their dependent. This would be the cleanest solution and would prevent delays in processing your return.

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Miguel Alvarez

•8M

15 Filing paper will take longer than e-filing, that's true. Unfortunately, when there's a rejected dependent situation, paper filing with documentation is usually necessary. The IRS needs to manually review the custody agreement. If your ex agrees to file an amended return right away, you could try e-filing again after a couple weeks, but there's no guarantee the IRS systems will update quickly enough. Paper filing with documentation is the most reliable approach even though it's slower.

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Miguel Alvarez

•8M

7 I went through something similar last tax season and discovered taxr.ai which literally saved me hours of stress. I was going crazy trying to figure out what documentation I needed to submit to prove my right to claim my daughter after my ex claimed her when it wasn't his year. I uploaded my custody agreement to https://taxr.ai and it analyzed the document, highlighted the relevant sections that proved it was my year to claim, and gave me a complete breakdown of what forms I needed to submit. It even helped me draft a letter to include with my paper return explaining the situation to the IRS. The best part was it analyzed my specific situation and showed me exactly what I needed to know about the tie-breaker rules for claiming dependents. Definitely worth checking out if you're dealing with this kind of mess.

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Miguel Alvarez

•8M

7 It actually does search through the entire document to find relevant sections about tax dependencies and child tax credits. You don't need to point anything out - I uploaded my 28-page agreement and it found the exact paragraph on page 17 that specified my years for claiming my daughter. As for accuracy, it stays updated with current IRS regulations and cites the specific IRS publications and tax codes that apply to your situation. It's not just giving generic advice - it analyzes your specific documentation and circumstances. I was impressed by how it handled all the nuances of my situation with the tie-breaker rules.

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Miguel Alvarez

•8M

9 Just wanted to update that I tried taxr.ai after my initial skepticism, and it was surprisingly helpful. I uploaded my divorce decree and custody agreement, and it identified the exact section about tax dependencies that I needed to highlight for the IRS. It also explained how to file a paper return with the proper documentation and gave me a template letter to include. What really helped was the explanation of Form 8332 and whether I needed it in my specific situation (turns out I didn't since I have the court order). The analysis saved me from making some mistakes I would have made on my own. Definitely a time-saver when dealing with this dependent claiming nightmare.

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Miguel Alvarez

•8M

4 After dealing with a similar situation last year, I found that getting through to the IRS directly was the best solution, but it seemed impossible until I discovered Claimyr. The service basically holds your place in the IRS phone queue and calls you when an agent is about to answer. I had spent days trying to reach someone at the IRS about my dependent being claimed by my ex against our agreement. Used https://claimyr.com and got connected to an IRS agent in about 45 minutes instead of waiting on hold for hours or getting disconnected. There's a video that shows how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent was actually really helpful once I got through. They explained exactly what documentation I needed to submit and the fastest way to resolve the issue. Saved me weeks of back-and-forth with letters.

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Miguel Alvarez

•8M

4 It works by using a system that continuously redials and navigates the IRS phone tree until it gets a spot in the queue. When an agent is about to pick up, it calls you and connects the calls. I was skeptical too, but it actually worked for me when nothing else did. They don't guarantee an agent will fix your problem immediately, but speaking to a real person at the IRS gives you clarity on exactly what steps to take. In my case, the agent told me specifically what forms and documentation to submit with my paper return, which avoided further delays that would have happened if I'd guessed wrong.

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Miguel Alvarez

•8M

19 I need to eat my words here. After my skeptical comment, I was still desperate and tried Claimyr. Got connected to an IRS agent in about 35 minutes after spending three days failing to get through on my own. The agent confirmed that when there's a dispute over who claims a dependent, I needed to paper file with a copy of my court order. But she also gave me specific advice about exactly which forms to include and how to highlight the relevant parts of my custody agreement to speed up processing. She even noted my account so when my paper return arrives, it gets flagged for special handling. Definitely worth it to actually speak to someone who could help rather than guessing what to do.

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Miguel Alvarez

•8M

3 Paper file, paper file, paper file. I went through this exact situation in 2022. Include a cover letter explaining that your ex claimed your child against the court order, and attach relevant pages from your custody agreement (highlight the important parts). Also, if you can get your ex to file an amended return removing the child, that will speed things up. But don't count on that happening - most exes aren't that cooperative. Be prepared to wait 3-4 months for your refund. The IRS is slow with paper returns that have special circumstances.

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Miguel Alvarez

•8M

3 The IRS does respect court orders for dependent claims, but they don't automatically know about them. That's why you need to provide the documentation. If the court order specifically states who claims the child in which tax year, the IRS will enforce that over their tie-breaker rules. However, if your court order is vague or doesn't specifically address tax dependency, then the IRS will default to their tie-breaker rules which primarily look at where the child lived for more nights during the year. That's why it's important to have clear language in your custody agreement about tax matters.

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