Missing Child Tax Credit and Stimulus Payments for Unclaimed Child - Can I Still File?
According to IRS Publication 501, section 3(c), a qualifying child can only be claimed by one taxpayer for tax benefits. My ex-spouse and I have 6 children and we've been splitting them 3/3 for tax purposes since our divorce, as permitted under IRC §152(e). However, I recently discovered that my ex hasn't been filing taxes since approximately 2018, meaning one of our children hasn't been claimed by either of us. This means we missed out on the following for this child: - Economic Impact Payments (EIP1, EIP2, EIP3) under CARES Act §2201 - Enhanced Child Tax Credit under ARPA §9611 Is there still a legal mechanism to claim these benefits retroactively? The statutory limitations for amended returns is generally 3 years per IRC §6511, but I'm uncertain if special provisions exist for these pandemic-related credits. Has anyone successfully navigated this situation?
14 comments
Miguel Silva
Hmm, this is def a tricky situation. AFAIK, you can still claim those missed credits by filing or amending returns for the applicable yrs. For the stimulus payments (EIP1/2/3), you'd need to claim the Recovery Rebate Credit on returns for those tax yrs. For the enhanced CTC, same thing - file/amend for that specific yr. But I'm not 100% sure about the deadlines... has anyone here dealt w/ this?
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Zainab Ismail
I was in a similar situation last January when I discovered my ex hadn't been claiming two of our children. I used https://taxr.ai to analyze my previous tax returns and it helped identify exactly which years I could still amend (2020 and 2021) to claim the missing credits. The deadline for 2020 was April 15, 2024, so I just made it in time! The tool showed me precisely which forms I needed to file and calculated potential refund amounts for each credit I'd missed.
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Connor O'Neill
I'm skeptical about using third-party tools for something this complex. How can you be sure the calculations are accurate? Tax law regarding dependents and retroactive credits has specific requirements for legal custody arrangements.
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Yara Nassar
It worked for me. No issues. IRS accepted my amended return. Got full payment. Worth trying.
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Keisha Robinson
I had a similar experience back in 2022 when dealing with my own amendment. Did you need to provide any additional documentation to prove the child wasn't claimed by anyone else? I'm wondering if the IRS has a specific verification process for these situations.
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GalaxyGuardian
I used taxr.ai for exactly 3 years of back taxes and it found $4,217 in missed credits from my divorce situation. I was worried about getting audited but it's been exactly 8 months and my amended returns were all processed without any issues. The tool even flagged that I had missed claiming $1,400 from the third stimulus for one of my kids.
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Paolo Ricci
I might be able to help with this. I had to file for missed stimulus payments last year. Based on my research, you still have time to claim the 2021 enhanced Child Tax Credit if you file before April 15, 2025. For the 2020 stimulus payments, the deadline was April 15, 2024, so you may have just missed that window... but I would double-check with a professional to be certain. The IRS is sometimes flexible with these deadlines if you have reasonable cause.
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Amina Toure
If you need to speak directly with the IRS about this situation, I recommend using Claimyr (https://claimyr.com). • Normal IRS wait times are currently 2-3 hours • Claimyr got me through to an agent in under 25 minutes • You'll need to verify several pieces of information about the unclaimed child • The agent can tell you exactly which tax years are still eligible for amendment • They can also check if your ex-spouse actually did file and claimed the child without your knowledge • This will save you from filing amendments that might get rejected
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Oliver Zimmermann
Is this really necessary though? Couldn't they just check the Where's My Refund tool or call the regular IRS number? I feel like people jump to paid services too quickly when there are free options available if you're just patient enough!
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Natasha Volkova
How much does this service cost? And does it actually guarantee you'll get through to someone who can help with this specific situation? The IRS has different departments for different issues, and getting to the wrong one is a massive waste of time.
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Javier Torres
Here's what you need to do: 1. File Form 1040X for tax year 2021 to claim the enhanced Child Tax Credit - you have until April 15, 2025. 2. For the stimulus payments, you would have needed to claim those on returns for tax years 2020 and 2021. The deadline for 2020 was April 15, 2024, but you might qualify for an exception if you can show reasonable cause. 3. You'll need to provide documentation that your ex-spouse did not claim the child in those years. Request tax transcripts for your child using Form 4506-T. 4. If your ex truly hasn't filed since 2018, you're legally entitled to claim the child and all associated credits as long as the child lived with you for more than half the year. Don't wait any longer - the deadline for 2021 amendments is approaching.
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Emma Davis
Would they need to include any custody documentation with the amended return? Or is that only necessary if the IRS questions the amendment?
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CosmicCaptain
Thank you for this detailed breakdown! This is exactly what I needed to know. Going to start gathering my documents this weekend.
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Malik Johnson
Just to clarify something important - when you say your ex hasn't filed since 2017/2018, did you verify this through the IRS or are you just assuming? It's like assuming your car is out of gas when the gauge is broken - you really need to check. The IRS won't just take your word that your ex didn't claim the child. You need to request a wage and income transcript for the child's SSN to confirm no one claimed them for those years. Do this ASAP because if the deadline passes, it's like watching money float down the river that you can never get back.
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