My daughter went to live with her father in may 09 and I did not let him get custody of her until aug 09 of the same year. I claimed her on my 09 taxes because I had her 5 months and still had custody of her till that aug (09) now he's trying to counter sue me saying he should have been the one to claim her.. can he do this?

My husband forged my name on his taxes and claim me and our daughter the year we got divorced. I reported him to IRS and he had to pay it all back and they took away his right to get earned income credit. I was wondering when he finally paid all his penalties and money owed back to IRS did he get his right to get earned income credit again?

Depends on what the IRS told him and his penalty. First to be honest it is none of your business what he does with his taxes, but if you want to know, you will have to ask him and ask to see a copy of the paper work where they took this away.

Who ever she lived with for at least 6mths should be the one to claim her and from what you have said that would be your husband...

who ever she lived with for at least 6mths should be the one to claim her and from what you have said that would be your husband...

Agreed. Tiffypoo - did your daughter live with your ex from May through the end of the year? If so, then your ex has the right to claim the daughter as his dependent, not you, unless you have a court decree that says otherwise.