What IRS forms do i need to fill out to dispute towards my children mother for using my qualifying child?

I currently have joint physical/ legal custody over my twin son's. The mother is eligible to claim one son, while I'm able to claim the other one at the end of each year. Saturday, I decide to fill my 2008 tax return through "Turbo Tax". Sunday, I received an e-mail stating "you can not use the same social security number twice in an tax return or a qualifying child is not able to be use twice in a tax return."

Public Comments

1. You need to go to the courts and get it straightened out. The IRS is not in the business of making sure that broken families play nice with each other, nor will they take the time to figure out which one of you is right. As far as the IRS is concerned, the first one to file is correct.
2. Did you claim the right child? My client had the same problem but it turned out the other parent claimed the wrong child. Try using the other child's social security number. If this is still the case mail your tax return with a copy of the divorce papers. Do the children live with you half of the time? Starting in 2009 a copy of the divorce papers will not be accepted as proof for claiming a dependent by the non custodial parent. All non custodial parents will need a signed 8332 to attach to their tax return to claim the dependent. Christine EA Master Tax Advisor This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. http://www.hrblock.com/tax_professionals/christine_wilkins.html
3. You don't need any special forms. Just submit your paper return in the mail with the child and the EIC on it. The IRS will send a letter to both parties that have used the child and the one who can provide proof of current guardianship or legal rights to the EIC ( like a divorce decree) will get the accepted return and the other party will have to pay back the money owed if applicable.
4. File your return by mail claiming the child you are entitled to claim. You could attach the court order that says you can claim that child, and a note stating that you are the custodial parent of both children.
5. Where in the return was the error? As custodial parent, you will be entering the child you claim in several places (6c, EIC, child care, child tax credit) and entering the child you don't claim on limited forms (EIC and child care). The non-custodial parent was to claim only the exemption and the child tax credit WITH the form 8332 (that you signed). You need to verify that she didn't overstep that line.