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March 8, 2022
Question

Rejection

  • March 8, 2022
  • 1 reply
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I recently filled my taxes and my my son as a  Dependent and it's and irs sent me the papers but my ex and I have 50/50  Custody so she's claiming him this year I was  Eligible for the rest if my child taxes credited but it got rejected and I can't go back to fix it how do I fix it

1 reply

Employee
March 8, 2022

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

 

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 18.

 

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

 

 

 

Did the two of you get confused as to who is saying they are the custodial parent---there is actually no such thing as 50-50 as far the IRS is concerned.

 

If the other parent filed incorrectly and your return is being rejected then the only way for you to file is by mail.  Print, sign and mail your own return, and let the IRS sort it out.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**