Somebody Claimed My Child on Their Taxes; What Can I Do?
Filing your tax return should be straightforward, but it can take a stressful turn when your return gets rejected because someone else claimed your child as a dependent. This situation happens more often than you might think, especially among separated or divorced parents, or in cases of tax-related identity theft. We know how confusing and frustrating this can be, especially when you’re just trying to get your refund and move on. If you find yourself in this unfortunate situation, this guide can help you understand what’s happening and how to correct it.
Key Takeaways
Only one taxpayer can claim a child per year, and the IRS won’t tell you who claimed them first.
If your return is rejected, you may need to file a paper return and provide proof showing you’re entitled to the dependent.
Act quickly and keep records — responding to IRS notices on time can protect your refund and avoid bigger issues.
1. Double-Check The Basics
Before you assume the worst (identity or tax theft), make sure you entered the correct Social Security number (SSN) for your child. A simple typo can cause your return to be rejected.
2. Determine Why The Return Was Rejected
Unfortunately, due to federal privacy protections, the IRS won’t tell you who claimed your dependent. If you attempted to e-file and got rejected because the dependent was already claimed, it could mean:
- Another eligible parent filed their taxes first,
- A relative mistakenly claimed the child, or
- Someone used your child’s information fraudulently (identity theft).
For those who are separated or divorced, the IRS typically recognizes the custodial parent as the one allowed to claim the child on taxes. If you have joint custody, however, the IRS will generally allow the parent with the higher income to claim the child. In most cases, a non-custodial parent must have written permission (Form 8332) from the other parent in order to claim the child on their tax return.
3. File a Paper Return With Documentation
When a return is rejected due to a dependent discrepancy, the IRS generally directs you to file a paper return with proof (Form 886-H-DEP) showing you are entitled to claim the dependent. Supporting documentation may include:
- Court orders/divorce papers
- Receipts and other financial records
- Birth certificate
- School and/or medical records
You’ll also need proof that the child lived with you for more than half of the year and that you provided at least half of their financial support.
It’s important to note that processing your paper return will take several months, so patience is a must!
4. Respond Promptly to IRS Notices
Once you file, you may receive IRS letters such as CP75A or CP87A, which relate to dependent verification and duplicate claims. Be sure to respond by the deadline and include copies of your supporting documents.
If the IRS determines someone else wrongly claimed your child, they’ll sort it out and assess any taxes or penalties on the incorrect return.
5. Don’t Go It Alone
Dealing with IRS notices, duplicate claims, or potential identity theft is stressful. That’s where Top Dog Tax Relief can step in. Our team works with experienced tax professionals to help you:
- Understand your rights and next steps
- Communicate with the IRS
- Gather and organize the documentation you need
- Explore relief options
Don’t let tax headaches keep you up at night. If someone else claimed your dependent — or you’re dealing with IRS notices — we can help you sort it out. Request a free consultation today and get the IRS off your tail.