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Can both me and my ex claim our daughter for taxes?

I've heard that only one person can... I'm getting ready to file now, but I think my ex already has. I'm hoping it's not a first come first serve type of deal cause he does not deserve the money. Any info?

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Asked by anna3686 at 10:55 AM on Jan. 28, 2009 in Money & Work

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Answers (20)
  • No, I think it is who pays her living expenses for the majority of the year.

    Answer by Anonymous at 10:56 AM on Jan. 28, 2009

  • I think it depends on who has the child the majority of the time. If you have joint custody then I guess you would have to work it out between the two of you, but only one person can claim the child.

    Answer by sbastille at 10:57 AM on Jan. 28, 2009

  • No...unless it is in writing (court mandated) then it is whoever gets there taxes into the irs first. So get them done and turn them in girl....:)

    Answer by SgrplmsnSnflwrs at 10:57 AM on Jan. 28, 2009

  • No. The child has to live with you for 6 months or more out of the year in order for you to claim them. So if she lives with you, he cannot claim her. I live in NY and I'm not sure if it's through the state or through federal taxes but I know my ex can claim the money he pays in child support and he gets a credit for some of that, so he may be able to do that but not claim her entirely.

    Answer by Anonymous at 10:58 AM on Jan. 28, 2009

  • No. The person who has the child most of the time. There are books about that, just check the internet, or go into H & R block and ask for assistance.

    Answer by CrzyHome at 11:00 AM on Jan. 28, 2009

  • when my son's father and I split up my son lived with me and went to his father on weekends . he tried to tell me i could not claim the child as i had only worked for the last 7 month since we had split up. well i filed my taxes and I claimed the child . i recieved a letter stating someone was trying to claim my child. I called the IRS to respond to teh letter and told them what my ex had said and they told me it does not matter how long you have been working if the child lives with you . yuo are the one who claims the child.

    Answer by Disneymom1218 at 11:04 AM on Jan. 28, 2009

  • the child has to be with you for a certain amount of time befor you can claim and only one of you can claim

    Answer by jodi205 at 11:11 AM on Jan. 28, 2009

  • the rule is "more than 6 months" .. so if you have custody, even if the father had visits, for more than 183 days, you get to claim the child

    Answer by customcat2000 at 11:15 AM on Jan. 28, 2009

  • Only the custodial parent can claim the child. The parent who has the child more then the other. Also, and in my case, it says that my ex cannot claim our son. Only me. IF he claimed your child and you go ahead, if he doesn't have him a majority of the time, chances are he'll get audited.

    Answer by TheDiva320 at 11:24 AM on Jan. 28, 2009

  • Typically if there isn't something in the child care order OR in your divorce decree I thought it was first come first serve. I'd ask your tax person or if you e-file I would try to get more information from a professional. I think a lot of people do one year it's the mom and the 2nd year it's the father. GOOD LUCK!!!

    Answer by Anonymous at 11:28 AM on Jan. 28, 2009

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