Me and my wife are separated and are going to file taxes separate . How ever we are not legally separated. I have been laid off from work for 5 months and I have only been working side jobs since the lay off for cash. She has made more money than I have this past year. Can I claim our daughter on taxes?

When did the separation take place and who has custody of the daughter at this time?

The parent who provided more than half the support for the child is legally entitled to claim the child. However, if you claim and she doesn't, the IRS will allow it. But if you both claim her, the IRS will audit the returns and require proof of who actually provided the support.