I had my daughter 42 weeks and he had her 10 weeks out of last year. He claimed her on taxes as quickly as he could so that he got the money from it, though I don't see how he can do this if he didn't have her and I never agreed to that. What do I do to get this resolved, he's not getting anymore money than he deserves!

If you have gone to court to get custody, and you have the majority, I believe you are the one that claims her. BUT if you did not go to court, and you're on a trust system, than there is nothing you can do.

I suggest waiting for a professional's opinion though.

The custodial parent has the right to claim the child as a dependent, unless there is a court order stating otherwise. Assuming that there is no such court order: what you do is file your taxes and claim your child as your dependent. The IRS computers will notice that two different people are claiming the same child and they will investigate. You will find that because he has already filed you can not file electrnically, so instead you will have to file an old fashioned paper tax return. It may take the IRS a year to catch up with him, but eventually they will. In the mean time save any records that can prove you are the custodial parent - keep a diary of exactly when each of you has the child, and if you have documents like school reports or doctor's records with your address on them save them as well.

I don't see how he can do this if he didn't have her and I never agreed to that.

He can do it because the IRS doesn't check. They assume a parent is being truthful when filing a return.


What do I do to get this resolved, he's not getting anymore money than he deserves!

You can't e-file because the IRS does check to see if a SSN as been used on any other return before accepting an e-filed return. That's why your return was rejected. But you can still file by mail. You include documentation that he was not entitled to claim your child. The IRS will then sort it out and take action.