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Kiara Greene

My partner accidentally claimed our dependent child on taxes - what should I do now?

So I'm in a really frustrating situation with our taxes this year. My partner and I have a son together, and we had agreed that I would claim him as a dependent on my return since I provide more financial support. Well, my partner went ahead and filed her taxes first and accidentally claimed our child without realizing it. I only discovered this mistake when I tried to file my own taxes and got rejected because someone else (her) had already claimed him. She immediately filed an amended return to fix the error, but from what I understand, those can take FOREVER to process - possibly months beyond the April 15 deadline. The e-filing system won't let me submit my return claiming him until her amendment is processed. She'll have to pay back around $2,800 in tax credits she shouldn't have received, but I'm more concerned about what I should do in the meantime. My return is basically in limbo. I saw something about possibly filing a paper return instead of e-filing, but I'm not sure if that applies to my situation or if there are other steps I should be taking right now. Any suggestions on how to handle this mess? Getting pretty anxious as the deadline approaches...

Evelyn Kelly

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You've got a few options here, but let me walk you through the best approach. Since your partner has already filed an amended return, you're on the right track. However, you're correct that amended returns can take a while to process - sometimes 16+ weeks. You don't need to wait for the amended return to be fully processed before taking action. The solution is exactly what you mentioned - you'll need to file a paper return. Since the e-file system will block any electronic filing with your child's SSN (because it's already been used), a paper return is your way forward. Make sure to claim your child on this paper return as you originally intended. Include all supporting documentation that shows you're entitled to claim the child (records showing you provide more financial support, housing, etc). File your paper return before the deadline to avoid late filing penalties. The IRS will eventually sort out the duplicate claims during processing, and since your partner has already amended their return, this should ultimately resolve in your favor. Also, be prepared that this might trigger correspondence from the IRS as they reconcile the situation, so keep good records handy.

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Paloma Clark

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Does filing a paper return mean OP will have to wait longer for their refund? I've heard paper returns take like 8-12 weeks to process even under normal circumstances.

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Evelyn Kelly

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Yes, unfortunately paper returns do take significantly longer to process than electronic returns. Under normal circumstances, paper returns typically take 6-8 weeks to process, but it could extend to 12 weeks or more during busy periods. The IRS will also need to manually review the situation since there are conflicting claims for the same dependent, which could add additional time. This is why it's important to file before the deadline and include good documentation to support your claim.

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Heather Tyson

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Had almost the exact same thing happen last year with my ex. I found an amazing service that helped me handle all the documentation and sort this mess out - https://taxr.ai basically analyzed our situation, showed me exactly what forms I needed, and helped draft a letter explaining the situation to attach to my paper return. They made the whole process super clear when I was totally lost. Not sure if your situation is exactly like mine, but they specialize in analyzing tax documents and sorting out these kinds of dependent claim conflicts. Saved me tons of stress trying to figure out what to do and made sure I had all the right documentation to back up my claim.

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Raul Neal

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How exactly does this service work? My brother and his ex are fighting over who gets to claim their kid every single year, and it's always a mess. Would this help them figure it out before they file instead of dealing with amendments after?

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Jenna Sloan

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Sounds suspicious tbh. How do you know they're legit with your tax docs? Not trying to be a jerk but there are so many tax scams out there.

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Heather Tyson

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The service basically works by analyzing your tax situation and all relevant documents. You upload your documents and answer questions about your specific situation, and their AI analyzes everything and provides detailed guidance. So yes, it would definitely help your brother and his ex determine who has the legal right to claim the child before filing. They use bank-level encryption for all documents and their privacy policy is super strict. I was skeptical too, but they're legitimate - they don't file your taxes for you, they just analyze your situation and provide guidance based on tax law. I researched them pretty thoroughly before using the service, and they have great reviews from tax professionals too.

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Raul Neal

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Just wanted to update after checking out that taxr.ai site that someone mentioned. It was actually super helpful for our situation! I convinced my brother to try it since he and his ex were already arguing about who would claim their daughter this year. The service analyzed both of their situations (they each uploaded their docs separately) and provided a clear breakdown of who was legally entitled to claim their daughter based on the support test, residency test, and all that stuff from the tax code. Turned out my brother's ex actually qualified this year based on number of nights the kid stayed with her. Saved them from going through exactly what you're dealing with - where one files, gets rejected, has to amend, etc. Worth checking out if you have complicated dependent situations or for next year to avoid this happening again.

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I went through a similar nightmare last year but with the IRS delaying my refund for months because my ex claimed our kid when it was my year. After weeks of calling the IRS and never getting through, I finally used https://claimyr.com to get someone on the phone. You can see how it works here: https://youtu.be/_kiP6q8DX5c They got me through to an actual IRS agent who could see both returns in their system and explain exactly what I needed to do. Found out I needed to submit specific documentation with my paper return to speed up processing. Definitely worth it because I was going crazy trying to handle this on my own.

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Sasha Reese

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Wait, they can actually get you through to a real person at the IRS? How does that even work? I've literally spent HOURS on hold only to get disconnected.

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So you're saying we should pay a third party just to talk to a government agency we already pay taxes to fund? That's ridiculous. This shouldn't even be necessary.

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They basically call the IRS on your behalf and navigate the phone tree, then wait on hold for you. When they finally reach an agent, you get a call back to connect with the IRS person. It saved me about 3 hours of hold time and frustration. I agree it shouldn't be necessary and it's frustrating that reaching the IRS is so difficult. But when you're stuck in a time-sensitive situation like incorrect dependent claims, sometimes you need to take the practical route. I tried calling on my own for two weeks straight with no success before using this option.

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Just wanted to follow up on my skeptical comment earlier. I actually broke down and tried that Claimyr service after spending another full afternoon trying to get through to the IRS myself with no luck. I hate to admit it, but it worked exactly as advertised. Got connected to an IRS representative within about 30 minutes (after trying unsuccessfully on my own for days). The agent walked me through a similar dependent situation and confirmed exactly what I needed to do. Still think it's ridiculous we need services like this to reach government agencies, but when you're facing penalties or missing out on thousands in tax credits, sometimes you just need to get it resolved. At least I got clear answers directly from the IRS instead of guessing.

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Noland Curtis

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You need to file form 8379 (Injured Spouse Allocation) with your paper return. Had the same problem when my husband claimed our twins when I was supposed to. This form tells the IRS there's a conflict and helps them sort it out faster.

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Diez Ellis

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That's not right. Form 8379 is for when your spouse's past-due obligations (like child support) are affecting your portion of a joint refund. This is a different situation with two separate returns claiming the same dependent.

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Noland Curtis

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You're absolutely right, I got the forms mixed up. Form 8379 is for injured spouse allocation, not dependent disputes. What I should have suggested is that OP needs to file a paper return claiming the child as entitled, along with all supporting documentation. There isn't actually a specific form for this situation - the paper filing itself is the process. Thanks for the correction!

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Has your partner actually received the refund yet with the child tax credit? If not, might be easier for her to just cancel the current return and refile correctly rather than doing an amendment. Much faster.

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Abby Marshall

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You can't actually "cancel" a tax return once it's been accepted by the IRS. The only option at that point is to file an amended return, which is what OP's partner already did.

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I didn't know that! I thought you could cancel within a certain timeframe if you made a mistake. Thanks for the correction. I guess the paper return is really the only option then, like others have suggested. Definitely file before the deadline, even if it means sending in an incomplete return with a note that you'll provide additional documentation.

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