Can I claim my daughter on my tax return?

Question

My ex wife got addicted to drugs and I fought her for custody from Oct. 05' to Aug. 06 for. In June of last year I didnt have cutsody through the court but I have the police reports that show I had my daughter and the reports stated not to give my daughter back to her because of safety reasons. In July, I got temp custody through the courts and August I got permanent with my ex having no visitation with my daughter. Although I had my daughter, I continued paying $140 a week child support until August. Now that I have custody, my ex hasnt paid the first penny in child support which Im not concerned about but she says she will claim her on her taxes. I havent kept her from my daughter but I make sure she has supervised visitation every other weekend with my daughters grandmother. I feel like I should have the right to claim her since I did pay my child support and I am also sole provider for her now. I pay her child care, schooling, medical and anything else she needs.

Answer 1

If you both claim her, both of you will get letters from the IRS. Your custody papers will get you off the hook!

Answer 2

OK you have proof of custody for the six months July - December. There were other times when your child was with you. That means you had custody for more than six months.

Child support payments in either direction don't figure into who gets the exemption. Court papers don't trump physical custody, which is what the IRS looks at.

So hurry and file that return. If it is rejected because the mother has claimed the child, file a paper return with a cover letter documenting that your child was living with you for more than six months.

You should prevail on this one, but the best remedy is to file first.

Answer 3

If your daughter didn't live with your wife for over half of the year, then she is not allowed to claim her as a qualifying child. And it doesn't sound like she provided over half of her support either, so couldn't claim her as a qualifying relative either.

Keep all that paperwork handy. If you both claim your daughter, then the IRS will be asking each of you to prove that you are entitled to the exemption.

Usually the parent with legal custody for the greater part of the year is the one who could claim the child, so you'd lose, but since your daughter was living with you, not her, for that time, you have a real good shot at winning if it comes to a battle, and it sounds like you will. Yours is a situation that could go either way as far as getting the exemption, based on how the rules get interpreted.

Sorry for your troubles. Good luck.

Answer 4

The parent with custody gets the deduction. If your ex tries to claim her as well, the IRS will investigate the matter and give the exemption to the right party. In the situation you describe, that will be you.

Answer 5

I'm not really clear on why you continued paying her if you had the child, but nonetheless, my oppinion is that you should be entitled. But I'm sure you would have to show them your latest court order as proof. If I were you, I would ask H&R Block or any other financial advisor. Your next step could be convincing her not to claim the child. Maybe tell her that you've already claimed her(?) or something like that so that she won't (?). Best of luck.

Answer 6

This is a good question for a tax consultant. You need to have someone fill out your taxes. It costs a little bit,but it is better than paying a penalty.

Answer 7

if you had her for at least 6 months then you can claim her. and if the x claims her too the IRS will investigate as to who can claim her and as long as you have the proof you had her for 6 months then it will be your xs problem.