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We were an unmarried couple that recently split up and I…

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We were an unmarried couple...
We were an unmarried couple that recently split up and I have 3 biological children with her. We lived in the same household for years and I lived in that household for over the whole year of 2017 and into 2018. I contributed to that household financially as well.She filed taxes without me and claimed all the children and took the whole refund for herself. What recourse do I have.
She stated she spent it all already and It is filed with HR Block Efile.
Am entitled to some of that tax return? Am I just out of luck? Is that legal to do?Please help.
Submitted: 2 months ago.Category: Finance
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Answered in 8 minutes by:
5/2/2018
Financial Professional: emc011075, Tax adviser replied 2 months ago
emc011075
emc011075, Tax adviser
Category: Finance
Satisfied Customers: 3,874
Experience: IRS licensed Enrolled Agent and tax instructor
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Hi. My name is ***** ***** I will be happy to help you.

In situation like yours the IRS uses something called tie breaker rule. If both of you can claim the children as your dependents (you are their parents, children lived with you more than 6 month and you provided more than 50% of their support), the one with higher AGI will be allowed to claim the children.

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Financial Professional: emc011075, Tax adviser replied 2 months ago

You can claim the children but you will have to file your return on paper. If you e-file it it will be rejected because the children had been already claimed on her return. Both of you will receive a notice from the IRS and will have to prove that the children were living him/her over 6 month. Than the IRS decide who can claim them.

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Financial Professional: emc011075, Tax adviser replied 2 months ago

Any questions? Anything else I can help you with today?

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