KnoxLandcruiser
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If she claims them, and then I also claim them, what happens?
If she claims them and her return is processed first, then your return would likely be rejected if you try to e-file.
So then you could paper file your return. You would likely get a notice or correspondence audit once your return is processed that you can respond to accordingly. If the facts and circumstances support your claim then you will be allowed the benefit on your return and her return will be adjusted by the IRS.
It would be a hassle but it's probably worth it. You might point out to her that if she files a tax return claiming a dependent that she does not qualify to claim under the dependency tests then she is filing a fraudulent return and she'll have to pay up eventually. The IRS moves slow but they will get it right if you provide them with the information.
edited to add: If you "need" your refund asap, then you can e-file without the kids (assuming "with the kids" gets rejected) and then file an amended return on paper claiming the kids. This gets some of your refund on the front end and also gives you an opportunity to explain that they qualify as your dependents based on the facts and circumstances.
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