I have sole custody and sole placement of our child and my ex claimed him on his taxes. We were never married

When 2 people claim the same child on a tax return, It raises a flag with the IRS. They will first send a letter advising that the same SSN was used twice and advise that the person who was not entitled to claim the child needs to file an amended return. Then if no one corrects the return the IRS will request from both parties to submit proof of entitlement to claim the child. The IRS will then make a detemination on who is entitled to claim the child and it the person who is seen as the one NOT allowed to claim the child will owe back any refund they received in reference to the child along with penalties and interest and their Tax return will be flagged for review for up to the next 10 years For more clarification call the Internal Revenue Service at 1-800-829-1040

No, he cannot claim the child without the Form 8332. You must file a paper return now that he has claimed the child. The IRS will contact you both and request proof of your claim for the exemption. The IRS will decide who is entitled to the exemption. Most likely you will win that. They'll then process your return and send your ex a bill for the extra tax due to the loss of the exemption. The IRS will not discuss the particulars of who claimed the child, they will just let you know whether or not you are entitled to the exemption.

Exactly what Judy said.

Your Ex Husband just did tax fraud. you have sole custody the kids are with you more then him .. they don't live with him so he has no tax claim on his part.. He will have to pay that back . and you go to ur nearest tax place and explain top them what he did .. and your the one that has sole custody.. They will know what to do after that.

What does your child custody papers say concerning this? I know that the IRS changed some rules around last year that I thought were stupid. One that would apply here to argue is whose birthday is earlier in the calendar year. If both claim the child as a dependent, the person with the earlier birthday was considered by the IRS last year. I have not looked at this year yet to do my taxes. IMHO he should have to have the form to claim the exception if you have full custody. Try calling the IRS and asking if you send in the taxes again with a copy of your custody papers along with the fact he did not have any authorization to claim the deduction, will they take yours and reject his. If not you are probably going to need an attorney whether tax or not I don't know.