How to stop a parent from claiming a child on taxes?

Asked by: Addie Barrows III  |  Last update: February 12, 2026
Score: 4.2/5 (61 votes)

The custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent or a substantially similar statement, and. The noncustodial parent attaches the Form 8332 or a similar statement to his or her return.

Can you stop another parent from claiming a child on taxes?

You cannot prevent your parents from claiming you. Anything on your parents' return is between them and the IRS.

How do I prevent someone from claiming my child on taxes?

For a dependent that is entered as such on your tax return, there is no way to stop someone else (parent, Ex-spouse or girl/boyfriend...or anyone) form claimign them improperly if they have the proper SSN/birthday for that dependent.

Can a father claim a child on taxes without permission?

Generally, the custodial parent has the right to claim their child on taxes. However, there are exceptions to this rule. For example, if the custodial parent agrees in writing to allow the non-custodial parent to claim the child, the non-custodial parent may be able to do so.

When can a parent stop claiming a child?

To meet the qualifying child test, your child must be younger than you or your spouse if filing jointly and either younger than 19 years old or be a "student" younger than 24 years old as of the end of the calendar year.

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Which parent has the right to claim a child?

You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year.

What is the penalty for falsely claiming dependents?

Because you are technically filing your taxes under penalty of perjury, everything you claim has to be true, or you can be charged with penalty of perjury. Failing to be honest by claiming a false dependent could result in 3 years of prison and fines up to $250,000.

What happens when two parents claim the same child on taxes?

If the parents don't file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period in 2023.

How do I report someone to the IRS for claiming a child?

You may also call the IRS at 800.829. 1040.

What happens if a noncustodial parent claims a child on taxes?

If the noncustodial parent claims your child without permission. When the noncustodial parent claims the exemption on their taxes and they don't attach the required Form 8332 signed by the custodial parent, their tax filing doesn't comply with IRS rules. The IRS may enforce its rules.

Can you press charges on someone for claiming your child on taxes?

After the IRS decides the issue, the IRS will charge (or, “assess”) any additional taxes, penalties, and interest on the person who incorrectly claimed the dependent. You can appeal the decision if you don't agree with the outcome, or you can take your case to U.S. Tax Court.

How do I stop my ex from claiming my child on taxes?

The custodial parent needs to sign IRS Form 8332 “Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent” giving up their legal claim to the dependency exception. The noncustodial parent must then attach a copy of the signed form to their tax return to prove they can claim this exemption.

What are the 6 requirements for claiming a child as a dependent?

Who is a qualifying child?
  • The child has to be part of your family. ...
  • The child has to be under a certain age. ...
  • The child has to live with you. ...
  • The child can't provide more than half of their own financial support. ...
  • The child can't file a joint tax return with someone.

How do I block someone from claiming my child on my taxes?

Lock Down Your Child's SSN or Identity: In order to fully protect your child from being accepted on an e-filed return, obtain an IRS IP PIN or Identity Protection PIN. This number is a six-digit number that gets assigned to one person each year.

How do you prove that your child lives with you?

The dependent's birth certificate, and if needed, the birth and marriage certificates of any individuals, including yourself, that prove the dependent is related to you. For an adopted dependent, send an adoption decree or proof the child was lawfully placed with you or someone related to you for legal adoption.

Who claims a child in 50/50 custody?

Under these rules, the parent who has physical custody of the child for the greater part of the year – defined as more than 50% of the nights – typically has the right to claim the child as a dependent for tax purposes.

What happens when you report someone to the IRS?

An award worth between 15 and 30 percent of the total proceeds that IRS collects could be paid, if the IRS moves ahead based on the information provided. Under the law, these awards will be paid when the amount identified by the whistleblower (including taxes, penalties and interest) is more than $2 million.

What I can do if someone keeps claiming my kids for taxes?

If you found out someone else claimed your dependent on their taxes, your dependent might be the victim of identity theft. If this is the case, don't panic. There are steps you can take to correct the situation, including filing a paper return and documenting your case for the IRS.

What happens if a parent claims a child on taxes without permission?

It will explain what to do, either file an amended return or do nothing. The other person who claimed the dependent will get the same letter. If one of you do not file an amended return that removes the child-related benefits, then you may be audited by us to determine who can claim the dependent.

How does the IRS know who the custodial parent is?

By listing a dependent on the return, you are informing the IRS that your dependent has passed the four qualifying child tests and you are the custodial parent.

How do I report someone claiming my child on their taxes?

Use Form 3949-A, Information Referral PDF to report alleged tax law violations by an individual, a business or both. You can report alleged tax law violations to the IRS by filling out Form 3949-A online.

Can a father claim a child on taxes if the child does not live with him?

To claim a child as a dependent, that child had to live with you for over half the year. If the child did not live with you at all during the year, it is typically the case that the custodial parent is entitled to claim that child as a dependent instead.

What is considered tax evasion?

Tax evasion is the illegal non-payment or under-payment of taxes, usually by deliberately making a false declaration or no declaration to tax authorities – such as by declaring less income, profits or gains than the amounts actually earned, or by overstating deductions. It entails criminal or civil legal penalties.

How do I lock my child's Social Security number for taxes?

The IRS Identity Protection (IP) PIN is a six-digit number assigned to eligible taxpayers to help prevent the misuse of their Social Security number on fraudulent federal income tax returns. You can use the IRS online tool Get an IP PIN to obtain an IP PIN for your dependent.

Does the IRS forgive honest mistakes?

We may be able to remove or reduce some penalties if you acted in good faith and can show reasonable cause for why you weren't able to meet your tax obligations. By law we cannot remove or reduce interest unless the penalty is removed or reduced.