The father of my child’s mom is an accountant, and I’m worried she might let him claim my child on his taxes even though he hasn’t been around much. He’s only seen her about 5 times since she was born and buys diapers and formula now and then. I have full custody and care for her all the time. Can he do that?
Is it possible for him to claim your child on his taxes? Technically, yes. If he has your child’s social security number, he could file a tax return with it. But if he doesn’t know the number, it’s not an issue—he can’t claim her if he doesn’t have it.
But can he actually do it legally? No, that’s not okay.
If he tries it, the IRS will notice both of you claiming the same child, and they will check your return. You’ll be in the clear since you’re the one who takes care of her. It’s better for you to file first. If you do, he’ll have to file a paper return, and the IRS will likely investigate, which could discourage him from filing a fraudulent claim.
You can also request an identity protection PIN for your child, which stops anyone from using her SSN without the PIN. You can get more info here: IRS link
Consider freezing your child’s credit to prevent other misuse of her SSN as well.
@Ezri
Question, could she file early with the info she has and then amend her return later once all the forms are in?
Florence said:
@Ezri
Question, could she file early with the info she has and then amend her return later once all the forms are in?
Technically, she could, but it’s not the best approach. It’s better to file correctly the first time. If he files before you and locks you out of e-filing, then you’ll have to file on paper. A better option is to get an identity protection PIN to prevent him from filing electronically using her SSN.
@Ezri
I’m curious—how does the IRS decide which return to accept if both parents claim the same child? Does it come down to who provides more support or spends more time with the child?
Jensen said:
@Ezri
I’m curious—how does the IRS decide which return to accept if both parents claim the same child? Does it come down to who provides more support or spends more time with the child?
The IRS has rules to decide this, like who the child spends the most nights with during the year. That’s usually the deciding factor.
Jensen said:
@Ezri
I’m curious—how does the IRS decide which return to accept if both parents claim the same child? Does it come down to who provides more support or spends more time with the child?
It’s usually the parent the child spends the most time with that gets to claim them. There are a few exceptions, but that’s the general rule.
File your taxes as soon as you can so you can claim the deduction first. If he gets to file before you, you’ll have to submit paper forms, which will delay your refund.
Ellis said:
File your taxes as soon as you can so you can claim the deduction first. If he gets to file before you, you’ll have to submit paper forms, which will delay your refund.
I heard the IRS has a new feature where you can e-file even if the child was previously claimed. Has anyone tried it yet?
@Jensen
I think it only works if the parent has an identity protection PIN. It lets you bypass the error if someone else has already claimed the child.
Blaine said:
@Jensen
I think it only works if the parent has an identity protection PIN. It lets you bypass the error if someone else has already claimed the child.
The PIN stops anyone from filing electronically with the child’s SSN, but they could still file a paper return. It would still be wrong, though.
@Ari
That’s outdated. With new IRS rules for 2024, parents with an IP PIN can e-file even if someone else has claimed the child before. Check out the IRS update for more details.
Get an IP PIN for your child. This will prevent anyone from claiming them without it. But it may not be ready in time for this tax year, so you might have to paper file and wait a bit longer for your refund.
He can try, but it won’t be easy. To claim your child, he’d need the SSN. If he has it and files, you’ll have to file on paper. The IRS will contact him, and he’ll have to prove he’s the primary caregiver. Most people back down at that point, and it gets fixed.
Get an IP PIN for yourself and your child when the system opens back up. With the new IRS rules, if you have an IP PIN, you can still e-file even if the child has already been claimed. Also, get your child an IP PIN, but that might take longer if they don’t have a state ID yet.
To claim a child, you need to live with them for more than half the year. Since the father has only seen the child a few times, he doesn’t meet the requirements and can’t claim her.
Dorian said:
To claim a child, you need to live with them for more than half the year. Since the father has only seen the child a few times, he doesn’t meet the requirements and can’t claim her.
He’s not supposed to claim her, but he could try. The IRS would likely catch it though.
Dorian said:
To claim a child, you need to live with them for more than half the year. Since the father has only seen the child a few times, he doesn’t meet the requirements and can’t claim her.
He could still claim her if the custodial parent agrees and signs the 8332 form, but that doesn’t seem like it’s going to happen here.
@Morgan
Even if he has the SSN, he would still have trouble. If someone else tries to claim the child, the IRS will check, and it won’t work out for him.
Usually, claiming a child depends on where they live and who supports them. The IRS looks at who the child spends the most time with and who provides the most support. If it’s not clear, the court might decide who gets to claim them, especially when it comes to things like the Earned Income Tax Credit.