Trying to file your taxes only to find out someone has already filed your child as a dependent. 

A new car, paying off some bills, buying the kids clothes, maybe some renovation; these are only  a few ideas people have this time of the year.  Tax refund season can make you smile but if not addressed properly it can also make you cry.

If you are married, diviorced, or simply have baby momma/baby daddy drama; one of the most common questions parents may have is, who has the right to file the children and what to do if someone has filed them illegally.   

Many people have filed their taxes and are waiting for their big cha ching (check) to come in the mail only to discover that the IRS is extremely delayed for some reason.  A common reason for a delay in processing income tax returns is the duplicate filing of a dependent. It could stem from a simple mistake, or from something much more nefarious or even criminal. The most important thing to know when you are searching for the person who claimed your child on their return is that the IRS cannot provide you with a name, but they can confirm that it was already filed and what steps to take next.

1. Do not panic! It may not be what you think.  Sometimes tax preparers will run the same numbers (only changing income) that they used the previous year; not knowing they did not have permision to file the child as a dependent.  If you have allow someone to claim your child as a dependent previously simply call them to correct the error( cause we know they didn't mess with your money on purpose). Also someone could have put in an incorrect social security number as an error resulting in you being delayed.  No matter why it happend, it happend, now lets get it fixed.  
2. Call the IRS at 800-829-1040 to determine if your child has been filed on another taxpayer's income taxes. If the IRS customer service representative advises you that your child has been claimed by another taxpayer, you will be required to complete a paper return and mail it to the IRS. From this point, the IRS will complete an investigation to determine which taxpayer is eligible to claim your child.
3. Go to a local IRS walk-in office with your identification and social security card. The IRS representative will be able to access the database to determine if someone else has filed your child as a dependent. Be sure to call the local IRS office before going in because some offices that operate in low population areas see taxpayers by appointment only.

If you are correct and someone has filed your child then report them to the IRS.  

1. Download and print out IRS form 3949A (click here to download)
2. Fill out the form with as much information as you know about the person who's illegally claiming your child, such as her name, address and taxpayer identification number. In the section labeled "Alleged Violation of income tax law check "False Deductions." If you know that she's claiming your child to be eligible for earned income also check the "Earned income credit."
3. The next section is where you can tell everything you know.  State how you know the person who has filed your child and how they got your childs information.  Be as detailed as possible in the "Comments" section.  
4. Fold the form and place it in an envelope. Affix postage. Mail the form to: Internal Revenue Service, Fresno, CA, 93888.
5. Call the IRS fraud hotline at 800-829-0433 as an alternative to filling out the form. The IRS representative will ask you for the same information that's requested on the form. Provide the representative with as much information as you know.

Also see "who has the right to file my child"

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