My childs father claimed my daughter on his taxes without my permission, what can I do?

Asked over 4 years ago - Phoenix, AZ

We went to do taxes on Friday just to find out the next day that someone has already claimed my daughter. After denying it mutliple times,My child;s father finally admitted it.He only paid a little over 300 last yr. So I know my parents have every right to claim her,since my daughter and I live with them and they have paid for everything. He is now arguing saying he is entitled because of court odered.It looks like all his income tax return is going to my account since he is behind 7 grand in child support.However I think it's wrong that he will get a $3,000 credit for last yr. It's as if my parents are paying his child support.What can I do or who can I speak with?And what are they going to do to him?

Attorney answers (1)

  1. Henry Daniel Lively

    Contributor Level 20

    Answered . In order for the non-custodial parent to claim the deduction for a child in 2009 they need a Form 8332 releasing the deduction from the custodial parent. You or your parents should paper file your return to claim the deduction, then when he cannot produce the required form 8332 he will lose the deduction.

    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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