Home |IRS Refund | Ex-husband claimed our child as a dependent, but she mostly lived with me. My CPA said he needs to fill IRS Form 8332 and amend his return, but he won't. What can I do? Is there any solution other than what my CPA suggested?

Ex-husband claimed our child as a dependent, but she mostly lived with me. My CPA said he needs to fill IRS Form 8332 and amend his return, but he won't. What can I do? Is there any solution other than what my CPA suggested?

Robert James, 20+ years of experience in IRS matters
Answered on October 07,2023

You are the custodial parent, so you have the right to claim your child as a dependent since she lived with you more than 1/2 of the year.

You don't have to wait for your ex to amend; you can mail in your tax return with your child as your dependent. Eventually IRS will contact both you and your ex.

What To Do When Someone Fraudulently Claims Your Dependent

If it gets to the point of an audit, you'll need to send the IRS proof that your child lived with you more than 1/2 the year. There's a link to an IRS document on that last page, but this one has better examples of documents that can be used to prove the residency test for dependents.

Form 886-H-EIC Toolkit

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