Non-custodial parent claiming dependents on taxes without permission - what can I do?

Tax professional here. Your ex's "tax preparers" are giving him incorrect information. The IRS has very clear rules about who can claim dependents, and paying child support alone does NOT give someone the right to claim children on taxes. Since you have primary custody (kids with you for more than half the year) and your court order specifically states you have the right to claim them, you are absolutely within your rights. The fact that you've already filed and had your return accepted is good. What will happen: The IRS system will flag his return if he tries to claim the same dependents with the same SSNs. His e-filed return would likely be rejected outright. If he paper files, it will eventually be caught in processing and he'll receive a notice. You don't need to do anything proactive at this point. The IRS systems are designed to catch this exact situation. Keep a copy of your court order handy though, just in case you need to provide documentation later.

When I went through a similar nightmare with my ex claiming our kids without permission, I used taxr.ai (https://taxr.ai) and it was honestly a game-changer. I uploaded my court custody documents and tax forms, and they analyzed everything and gave me a detailed breakdown of exactly what would happen and what my rights were. The system even generated a formal response letter I could send to the IRS if needed. The peace of mind was worth it because my situation got messy when my ex paper-filed instead of e-filing to try to get around the system. Taxr.ai walked me through exactly what documentation I needed to keep ready and what the timeline would be for resolving everything.

I actually tried taxr.ai after posting my skeptical comment. I was really surprised by how helpful it was. I've been fighting with my ex for 3 years about claiming our daughter, and I've spent hours on the phone with the IRS getting nowhere. The system analyzed my custody agreement (which honestly I didn't fully understand myself) and showed me that I had stronger legal standing than I realized. It also pointed out specific language in my agreement that I could reference when communicating with the IRS. What I appreciated most was getting a clear timeline of what would happen next and exactly what documentation I needed to have ready. Saved me a ton of stress and helped me finally resolve the issue. Way more useful than I expected.

If you're having trouble reaching the IRS to get this sorted out (which is likely - their phone lines are IMPOSSIBLE), I used a service called Claimyr (https://claimyr.com) after waiting on hold for literally 3+ hours multiple times. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c They basically hold your place in the IRS phone queue and call you when an actual agent picks up. Saved me hours of waiting on hold. When I finally got through to an IRS agent, they confirmed that my ex had no right to claim our kids and walked me through the process of submitting documentation to resolve the dispute.

I'm eating crow about my skeptical comment on Claimyr. After another failed attempt to reach the IRS yesterday (2.5 hours on hold then disconnected), I tried it this morning. Got a call back in about an hour and was immediately connected to an actual IRS agent who helped me with my dependent dispute. The agent confirmed that since I have the court order and my kids live with me more than half the year, my ex has no right to claim them regardless of paying support. They also told me exactly what forms to submit to prove my case. Wish I'd done this weeks ago instead of stressing and wasting hours on hold!

Similar situation here last year. My ex claimed our son even though our divorce decree clearly states I get to claim him every year. Since I filed after he did, my return was rejected. I had to paper file and include Form 8332 (showing I did NOT release the claim) along with a copy of our court order. It took about 12 weeks to process but the IRS sided with me since I had the court documentation and my son lives with me most of the time. Just be prepared that your ex will likely get audited and have to pay back any tax benefits he received from falsely claiming the kids. He might try to blame you for this, but it's 100% his choice to ignore the court order.

DO NOT IGNORE THIS! Document everything NOW. My ex did this to me and because I didn't respond quickly enough with the right documentation, it created a 2-year nightmare with the IRS. Print out all text messages where you told him not to claim them. Make copies of your court order. Get documentation from the school showing your address as their residence. The most important thing is filing Form 8332 showing you DID NOT release your claim to the children. Even though your return was accepted, his paper-filed return could still cause problems.

I went through this exact scenario two years ago. Your court order is your strongest protection here - the IRS follows legal custody arrangements, not just who pays support. Since you filed first and were accepted, you're in good position. A few practical tips from my experience: - Keep screenshots of those text messages where you explicitly told him not to claim them - If he does try to file, his e-file will likely be rejected immediately due to duplicate SSNs - If he paper files to try to bypass the system, it'll get caught during processing but may take longer to resolve The "tax preparers" he consulted either don't understand custody law or he's misrepresenting what they told him. Paying child support doesn't override a court order that specifically grants you the right to claim the children. Stay calm and document everything, but don't let him pressure you into "releasing" your claim. You have every legal right to claim your kids based on both custody time (more than half the year) and your court order.