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He lives in Virgina Beach, VA on Campus and hasn't had her at all since she's been born, except when he's home for 2 week visits and even then he doesn't have her the whole time. Now he wants to claim her for this years taxes. She lives with me 24/7; 365 days a year. Can he do that?

2007-01-28 17:18:31 · 7 answers · asked by rrcancer77 1 in Business & Finance Taxes Other - Taxes

7 answers

Not without your written permission, unless there's something in a written court order (like divorce decree or child support decree) saying that he can.

2007-01-29 11:01:25 · answer #1 · answered by Judy 7 · 0 0

difficult to answer without knowing what is stipulated in your divorce decree, but the answer is no, unless a tax arrangement that you both stipulated to is documented in your final court documents allowing the non-custodial parent to claim the dependent deduction. is does not sound like this is the case. if not do not allow your self to be duped or talked into allowing that, if you are the custodial parent. many non-custodial parents, mainly fathers will want to take that deduction because there is no other deduction allowed just for child support. he can take a deduction for justified child care expenses outside of the required child support order but that is rare and often not looked upon favorablie by the irs. keep in mind each state differs somewhat in their family law but not much, however this is a federal tax question and this answer can be verifed by the instructions of the federal tax forms and/or asking the question directly to the irs who are manning the phones during tax season, and a call to your local child support enforcement office (usually free) and found in your local government pages under the state attorney general's office wouldn't hurt either! GOOD LUCK and prepare for a fight sounds like he may want to make an issue of this so stick to your guns and "JUST SAY NO !!"

2007-01-28 17:42:35 · answer #2 · answered by jetatp 1 · 1 0

deliver your go back to the IRS by technique of mail with helping documentation claiming your daughter. The IRS will practice what's termed "tie breaker" regulations that be sure who should be able to declare the exemption. you may call the IRS and ask what type of documentation they require on your difficulty. it is going to take a minimum of four to 6 weeks, notwithstanding it would placed the challenge to relax continuously. The IRS will be sure who can declare the lady and in case you win you receives a compensation in case you had income. The boyfriend can ought to pay decrease back any money he received from the IRS with pastime or perhaps consequences. Is he the daddy of the youngster? If he's did he earn extra income than you probably did? Who did the youngster stay with the longest? Your added comments might want to steer on me to trust you both have equivalent declare to the youngster. it will be that if he earned extra money than you probably did that he will win the tie breaker surprisingly if he lived with you larger than six months.

2016-12-03 04:28:52 · answer #3 · answered by youngerman 4 · 0 0

Were you married? And what does the divorce decree state.

Unless you get a notarized statement saying that you are letting him claim his child, he cannot legally claim her.

Just file your taxes the way you normally do. If he also claims the child the IRS will contact you both and find out that his claim in fraudulent. You might let him know that tax fraud is ILLEGAL and could jeopardize his career with the Navy.

Good luck, ex's suck

2007-01-28 23:25:14 · answer #4 · answered by Gem 7 · 0 0

Not legally, if he does and you do, the IRS will ask both of you to provide proof of support and hold up both refunds till settled.

2007-01-28 17:25:38 · answer #5 · answered by Outside the box 6 · 0 0

i don,t think he can do that,unless he can prove that she is dependent upon him and thus he is responsible for her well being,and if he is not able to prove this he can have no claim over her

2007-01-28 17:30:20 · answer #6 · answered by Anonymous · 0 0

NO and let him splain to the IRS

2007-01-28 17:26:11 · answer #7 · answered by Thankyou4givengmeaheadache 5 · 0 0

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