Skip to main content

I am currently going thru a divore i am the father on 1 child with my ex... can i claim my daughter on my taxes before her mom?

Tampa, FL |

I have never claimed my daughter b4, but was told by my family attorney to claim my daughter this year... just want confirmation that this is the correct thing to do....?

Attorney Answers 6


  1. The IRS allows the person with the most "custodial" time with the child to claim the child.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


  2. Did you live with your daughter at least 50% of the time in 2012? If so, it would be acceptable to claim her.


  3. Whomever has custody claims the child unless the court says otherwise, so be careful or you will get audited. Contact my office for free consultation 727-446-7659


  4. The law allows the Court to consider the effect of the exemption. Depending on the facts of the case, you could ask the Court to award you that exemption. I would not suggest claiming your daughter unless you had her more than 50% of the time

    Russell G. Marlowe, New Port Richey, Florida (727 847-0055. Mr. Marlowe is an attorney with 24 years experiences who practices primarily in the family law courts. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs


  5. The individual that has the child the majority of the time is generally the one that claims the child but you and your Wife can always agree to something else. Make sure you obtain a court order on this agreement.


  6. You should follow what the court has stated in a divorce decree but since your question states that you are currently still going through a divorce then that has probably yet to be determined. You should follow the rules which state that the child has to live with you for more than half of the year and you must have provided more than half of his or her own support.

    If the IRS accepts your return and does not have a problem with you claiming your child then this is a civil matter that would have to be taken up with the court system. Many divorced couples have outlined in their divorce decree which years they are allowed to claim the child(ren). If a parent claims a child when it is not their year then the one parent would have to take the other to court. I hope this helps out and if you need further clarification please contact us at 888.741.0272 or at info@taxsmith.com. Thanks!

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics