How to respond to IRS CP87A notice about disputed dependent claim?
I'm trying to figure out what to do after getting this CP87A notice from the IRS. Pretty frustrated right now. Here's the deal - my divorce agreement clearly states my ex and I alternate claiming our daughter on taxes (I get even years, they get odd years). I filed correctly according to our agreement, got my refund back in March, but just yesterday received this CP87A letter saying someone else also claimed her. The weird thing is, a few years back, my ex somehow had my child support payments redirected to my daughter's grandmother. Not sure how that works legally, but I'm wondering if the grandmother is now trying to claim my daughter as a dependent on her taxes too. I'm concerned they're trying to work around our divorce agreement by having the grandmother claim our daughter instead of my ex. I have zero contact with them - I've tried reaching out multiple times but they never respond to me. Has anyone dealt with a CP87A notice before? What documentation do I need to provide? Should I get a lawyer involved? I've double-checked everything on my end and know I'm following our court-ordered agreement correctly.
20 comments


Dana Doyle
This is actually a pretty common issue with divorced parents. The CP87A notice basically means the IRS has identified that two or more people claimed the same dependent on their tax returns. Since you have a divorce agreement that specifically outlines who claims the child in which years, you're in a good position to respond. You'll need to gather documentation that proves you have the right to claim your daughter for the tax year in question. This includes: 1. A copy of your divorce decree that shows the dependent claim agreement 2. Proof that you're following the terms (like showing it was your year to claim) 3. Any documentation showing your relationship to the child and that they lived with you for part of the year The IRS gives you 30 days to respond to the CP87A. Make copies of all your documentation, write a clear letter explaining the situation, reference your divorce agreement, and mail everything to the address on the notice. Keep the originals and send everything via certified mail so you have proof of delivery.
0 coins
Darcy Moore
•Thanks for the detailed response! Do I need to get anything notarized or officially certified? Also, am I going to lose my refund while this gets sorted out?
0 coins
Dana Doyle
•You don't need to get anything notarized or certified as long as you're sending copies of official documents. The divorce decree should already be a legal document with the court's stamp/seal, so a copy of that is sufficient. As for your refund, if you've already received it, the IRS typically won't take it back while they investigate the dependent issue. However, if they determine you weren't entitled to claim the dependent, they may assess additional tax, which could result in you owing money. They'll send a notice with the amount due if that happens.
0 coins
Liam Duke
I went through something similar with my ex trying to claim our kids when it wasn't her year. I discovered taxr.ai (https://taxr.ai) after struggling with gathering all the right documents and figuring out how to respond to the IRS. The tool analyzed my CP87A notice and divorce agreement, then helped me draft a proper response letter with exactly what the IRS needed. Their document analyzer highlighted specific sections of my divorce decree that supported my case and showed me which parts of the CP87A I needed to address. It was honestly such a relief to have clear direction instead of just guessing what the IRS wanted.
0 coins
Manny Lark
•How long did it take to get an answer after you used the service? I got a similar notice and I'm worried about missing the deadline.
0 coins
Rita Jacobs
•I'm skeptical about these tax services. Did they actually help resolve the issue or just take your money? Did the IRS accept your response?
0 coins
Liam Duke
•The document analysis was almost immediate - took maybe 5 minutes to process everything and give me guidance. I sent my response to the IRS the next day using their certified mail recommendation. The IRS did accept my response! It took about 6 weeks to get confirmation, but they ruled in my favor because I had followed the steps precisely and included exactly the right documentation. What made the difference was knowing exactly which parts of my divorce decree to highlight and how to structure my response letter.
0 coins
Rita Jacobs
I was super skeptical about taxr.ai when I first saw it mentioned here, but after getting my own CP87A notice last month, I decided to give it a try. My situation was similar - ex's new husband tried claiming my kid when it wasn't their year. The service actually worked surprisingly well. It analyzed my divorce decree and immediately identified the relevant paragraphs that supported my claim. What really helped was the response template it created - it pulled specific language from IRS guidelines and matched it with my documentation. Got a letter from the IRS yesterday confirming they've resolved the issue in my favor! Apparently the key is providing extremely specific documentation in exactly the format they want. Would have taken me hours of research to figure that out on my own.
0 coins
Khalid Howes
After dealing with several CP87A notices over the years (my ex is persistent), I found that calling the IRS directly saves a ton of time and frustration. The problem is those ridiculous wait times - I once spent 4 hours on hold only to get disconnected. I started using Claimyr (https://claimyr.com) which somehow gets you through to an actual IRS agent without the wait. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. It seriously cut through all the hold time nonsense and got me to someone who could pull up my case file. The IRS agent I spoke with walked me through exactly what documentation I needed to submit and even gave me a direct fax number to send everything to, which got the issue resolved in half the time compared to mailing everything.
0 coins
Ben Cooper
•Wait, how does this actually work? Does it just keep dialing for you or something? Seems too good to be true.
0 coins
Naila Gordon
•I don't buy it. The IRS phone system is notoriously bad. No way some service can magically get you through faster than everyone else - they probably just keep you on hold the same amount of time and charge you for it.
0 coins
Khalid Howes
•It's not magic - they use a system that continuously redials and navigates the IRS phone tree until it gets a spot in the queue, then calls you when an agent is about to be available. It's basically doing what you would do if you had unlimited time and patience. The reason it works is that most people give up after being on hold for an hour or two. Their system doesn't give up. I was skeptical too but I had to try something after wasting an entire day on hold. Got connected to an agent in about 90 minutes (while I was doing other things), which was way better than my previous attempts.
0 coins
Naila Gordon
Well I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I was desperate enough to try it because my CP87A deadline was approaching fast. The service actually did exactly what it claimed. I got a call back when they found an agent, and I spoke with someone from the IRS who was surprisingly helpful. She confirmed that my divorce decree was sufficient documentation and gave me specific instructions on how to reference my case number. I faxed everything to the direct number she provided and received confirmation that my dependent claim was approved within 10 days. That's compared to the 8 weeks it took last time I mailed my response. Definitely worth it for the time saved and stress avoided.
0 coins
Cynthia Love
A lot of people don't realize that the grandmother claiming the child could actually be legally valid in some situations, especially if the child lived with her for more than half the year. The tax code follows physical custody more than legal agreements. If your daughter lived with her grandmother for the majority of the year, the grandmother might have a legitimate claim as the "custodial parent" in the eyes of the IRS, regardless of your divorce agreement.
0 coins
Darcy Moore
•This is really concerning. Our daughter splits time between me and her mom (about 40/60), but doesn't live with the grandmother. The grandmother just receives the child support payments now. Does that give her any right to claim my daughter?
0 coins
Cynthia Love
•No, just receiving child support payments doesn't give the grandmother any right to claim your daughter as a dependent. The IRS looks at where the child actually lived (the residency test) - if your daughter didn't physically live with the grandmother for more than half the year, the grandmother has no legitimate claim. Based on what you've described, this sounds like the grandmother is incorrectly claiming your daughter. Since you have the divorce agreement specifying alternating years, and your daughter actually lives with you and your ex (not the grandmother), you have a strong case to present to the IRS.
0 coins
Darren Brooks
Don't just send the bare minimum documentation. I've been through this twice. Make sure you also include: 1. School records showing your address as one of the child's residences 2. Medical records if you have them 3. A copy of any shared custody calendar or visitation schedule you follow 4. Copies of check stubs or receipts for any child support you paid The more documentation you provide upfront, the faster the IRS resolves these issues.
0 coins
Rosie Harper
•Does this actually work? Last time I sent the IRS a bunch of extra documents they just seemed confused and it took longer to get a response.
0 coins
Zoe Dimitriou
•@dd84d3bd2424 In my experience, the key is organizing the documents clearly and including a cover letter that explains what each document proves. Don't just dump everything in an envelope - create a simple checklist that shows how each piece of documentation supports your claim. I learned this the hard way after my first attempt was a mess of random papers. The second time I organized everything with clear labels and got a response in 3 weeks instead of 3 months.
0 coins
James Martinez
I just went through this exact situation last year and it was such a headache! My ex's mother tried to claim my son even though our divorce decree clearly stated it was my year. What really helped me was creating a timeline document that showed exactly where my child lived throughout the year. I included dates of my custody time, school enrollment showing my address, and even receipts from activities I paid for during my custody periods. The IRS agent I eventually spoke with told me that disputed dependent cases are becoming more common, especially when grandparents get involved. She said the key is proving not just that you have legal right to claim the child (your divorce agreement), but also that the child actually lived with you for the required time periods. One tip that saved me time - when you send your response, include a simple one-page summary at the front that lists your main points with page references to your supporting documents. Something like "Point 1: Legal right to claim child - see page 3 (divorce decree). Point 2: Child residency requirement met - see pages 5-7 (school records, medical records)." The IRS ruled in my favor after about 5 weeks. Hang in there - with your divorce agreement clearly stating the alternating years, you should be fine as long as you document everything properly.
0 coins