We are divorced and we have joint custody of our daughter and she lives with him. I pay child support and would like to know if I can claim her on my taxes without his consent?
2007-03-14 23:04:22 · 4 answers · asked by biggobbler51 1 in Business & Finance ➔ Taxes ➔ Other - Taxes
No, the exemption goes to the custodial parent unless the custodial parent voluntarily relinquishes it. There is no way for you to take the exemption without his consent.
Most court decrees that grant the exemption to the non-custodial parent do not meet the very exacting wording required by Federal law. If the decree doesn't meet those requirements, the IRS is required by law to ignore the decree since Federal law trumps state law and state court rulings.
2007-03-15 05:06:14 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
If you do he can sue you. If you file and he has already claimed her, they will just require you to fill out an ammeneded tax form.
You should get his permission first.
2007-03-14 23:10:36 · answer #2 · answered by justweird_sodeal 3 · 0⤊ 0⤋
No you can't, unless there's a court order saying that you can, or he gives written permission for you to claim her.
2007-03-15 16:56:36 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
What does your divorce agreement say? If it doesn't state who gets to claim her, get it amended. You can claim her every other year, or you could claim her every year. Hy ex claimed my sons every year because of our agreement. So talk to your lawyer and your ex.
2007-03-15 02:27:47 · answer #4 · answered by nosouix 2 · 0⤊ 1⤋