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What type of records can I provide to the IRS to prove that my daughter has been with me most of the year?

Van Nuys, CA |

I am having issues with my EX who keeps claiming my daughter in tax returns. We agreed that we would alternate years but he just keeps claiming her year after year and he doesn't even spend most of the time with our daughter!

At any rate I need to provide documents to the IRS which prove that my daughter has been with me most of the year . What type of records can I show to prove that my daughter has been with me most of the year? She is 4 years old and is not attending school yet.

Most of the documents "I've heard" I can provide are easily falsifiable such as a calendar or ledger. If I come up with the calendar I've kept up until this point my EX will immediately come up with some made up calendar which puts him as the parent who has spent the most time with my daughter.

Any ideas?

I take care of my daughter the following days: 1. Wednesday night (I used to pick up my child at 8pm) = 4 hours 2. Thursday (all day long) = 24 hours 3. Friday (all day) = 24 hours 4. Saturday (all day) = 24 hours 5. Sunday (he picked her up at 8pm) = 20 hours Number nights with me = 4 out of 7 ..... 96 hours out of 168 in a week Right now, i take care of my daughter 5 days a week because my EX said he didn't have "anyone" to take care of her during the days he was supposed to take care of her.

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Attorney answers 2


Is there no court order regarding custody or support?

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.



The court gave shared custody but said nothing about taxes. Support is supposed to be shared and yet my Ex was missing for the entire first year of life of our daughter when I had to pay for medical treatment for my daughter which my insurance didn't cover. He would even ask me for gas money when he would pick up our daughter!


Please check and make sure there is not already a court order regardign some of these issues, take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.



Hi Howard, There was no order specific to taxes and so we have had to deal with this on our own but that is obviously not working.

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