Can my daughters dad claim her if she lives with me and he only pays child support?

Asked over 3 years ago - Columbia, TN

my daughters daddy is going to claim our daughter even though i have called the IRS and they said he can't claim her because she lives with me. and they told me that my boyfriend now can claim her because he helps me take care of her and i was wondering what i can do to get the money when we claim her if he has already done it when the irs told him he couldn't? what will happen to him?

Attorney answers (3)

  1. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . If you are the custodial parent, then you are the one who should be claiming the child. If you both claim the child on your respective returns, this will trigger an audit and the IRS will end up rewarding the deduction to you because the child lived with you.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  2. James Elliot Pratt

    Contributor Level 12

    Answered . Unless your daughter's daddy has paid at least half of your daughter's living expenses and has a Form 8332 signed by you, your daughter's daddy's dependency exemption should be disallowed. However, its common for the first to file with the child's social security number to get the exemption, and only upon the IRS catching the second tax return claiming the child, will he be asked to refile, and both of you may have to provide proof of who is entitled to the exemption. Note that if he illegally claimed the exemption and refuses to refile/amend, the IRS may assert penalties and charges of fraud if appropriate.


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    DISCLAIMER & IRS Circular 230 DISCLOSURE:

    The information in this answer is for general information purposes only. Nothing on this communication should be taken as legal advice for any case or situation. Nothing herein is intended as legal advice. You should not rely upon any information as a source of legal advice, and your receipt or viewing of any such information does not create an attorney-client relationship between you and James E. Pratt.

    IRS Circular 230 Disclosure: To comply with requirements imposed by the IRS, we inform you that any U. S. federal tax advice contained herein (including any attachments), unless specifically stated otherwise, is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter herein.

  3. Henry Daniel Lively

    Contributor Level 20

    Answered . If you are entitled to the deduction you should claim it. If he already efiled then your return will be rejected as an efile. Therefore, you will need to paper file the return. Since you are the custodial parent you will be entitled to the deduction so long as you do not provide him with a Form 8332 releasing the deduction to the non-custodial parent.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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