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-   -   Can non-custodial parent claim child? (https://www.askmehelpdesk.com/showthread.php?t=548868)

  • Jan 28, 2011, 04:17 PM
    ChihuahuaMomma
    Can non-custodial parent claim child?
    Hi there,

    My title pretty much explains the situation. My boyfriend's ex filed first and claimed their daughter even though he's had FULL custody for 7 years and she's lived with him for that time. MOther has NO custody rights. Well, she claimed daughter this year for the tax credit. How can he rectify this to get the taxes he deserves for providing for his daughter all year? What can be done about her obvious tax fraud? We don't know how to go about all this.

    Thanks for any and all info.
  • Jan 28, 2011, 09:30 PM
    MukatA

    Only custodial parent can claim the child. Non-custodial parent can claim the child only if the custodial parent signs a release Form 8332 or there is a court order meeting the IRS requirement.
    If you think that you are the one who can claim the dependent, then file your tax return and claim the dependent. It you are unable to efile, then send paper return. IRS with then contact both of your and figure out who must amend the tax return and pay the tax due with interest and penalty.
    Your U.S. Tax Return: Child of separated or divorced parents
  • Jan 29, 2011, 12:06 AM
    AtlantaTaxExpert
    Agreed; file and claim the child and the IRS WILL sort it out.
  • Jan 29, 2011, 11:53 AM
    ChihuahuaMomma

    Thanks a ton guys. That is certainly helpful information. Sort of what I thought and was hoping to hear.
  • Jan 29, 2011, 01:16 PM
    AtlantaTaxExpert
    Glad to help!

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