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Can I claim my daughter on my taxes every year.

Green Bay, WI |

My daughters mom and I have never been married. I make more money than she does. Can I claim my daughter on my taxes every year? What do I need to do to insure not getting audited if we both end up trying to claim my daughter?

Attorney Answers 2


  1. No, you can't. You need an agreement between you and your ex. If you can't agree, you need a court order. Without one of those two things, the person with primary placement gets to claim the child.

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  2. That also assumes you have been legally declared the father. Without that it will be much harder to claim her.

    WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.