Since I have been a student for the past five years there was no need to file. I was trying to file this year for 2012 and found out someone claimed my son with out consent. I have to mail in my return, but I am wondering how do I find out if someone has claimed him in prior years where I do not claim him due to no income to claim.

You have to wait for the IRS to contact you, which they will, so mail it in. e-file won't let two people claim the same child.
You must have some idea who claimed him? Is there a known father? Is there a court ordered custody, because that is what counts?
You should have filed a tax return to get the student credit, which is substantial. Look into filing for past years. It's not hard.
Tax Information for Students

His father is not allowed to claim per court order. He lied in 2007 n was ordered to give me the money n was ordered to mever claim him again. How is there student return when I did not work. I only recently worked enough to claim. So how do I make sure no onewas claiming him in previous years. Also how can I take legal action against him if it was the father, since IRS does not disclose that information.

Since 2010, the American Opportunity Credit gives you a $1,000 even if you earned no income.

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Originally Posted by AtlantaTaxExpert

Since 2010, the American Opportunity Credit gives you a $1,000 even if you earned no income.

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Wow! What would that be under? I did my taxes via turbotax n I did not come across a form like that.. So I qualify for 1000.n my hand during unemployment times?

Yes, as long as you were attending school, paying tuition and could claim yourself on the tax return.