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    nhparent's Avatar
    nhparent Posts: 8, Reputation: 1
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    #1

    Jun 23, 2009, 12:12 PM
    Claiming a child for taxes (2009)
    Hello,
    IWhen I got divorced in 2001, the judge gave me the legal right to claim my oldest until she was 18 years old. It wss written into our divorce decree as well. I have claimed her and received all incentives/stipneds for all of these years. Now all of a sudden, her mother said she was going to claim her this upcoming year (2009). Can she do that? I have been granted that right by the judge.. Ahe just can't up and do that to me can she? If she does, will she be in violation of the law?
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #2

    Jun 23, 2009, 12:14 PM

    If it is in the court order that YOU may claim her and not the mother, than no she cannot do this. Inform your lawyer (if you have one) or the court house of her intentions.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Jun 23, 2009, 04:16 PM

    File your taxes as they normally would. If the IRS rejectes the claim, you will have to show them the court order. They will handle her and her tax return.

    Worst thing that may come from this is that you cannot efile if she files first and claims your daughter. A paper filing will solve this issue and they will go back after her for anything they overpaid her.
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #4

    Jun 23, 2009, 04:17 PM

    I would file as soon as you get your W2 and hope that it is before she gets hers. If you file first, and she tries to claim, she will be audited
    Rivers1's Avatar
    Rivers1 Posts: 2, Reputation: 1
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    #5

    Jan 22, 2010, 10:13 PM
    If my 6 foster children lived with me for 175 days in 2009 can I claim them
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