[handell]

My GF stayed at my house with out daughter for more than half the 2009 year. She contributed practically nothing to the house, utilities, food. I wanted to claim my daughter this year and she told me I was crazy & that I had no rights. Is this true.

Her argument was that she paid for some baby clothes and all the day care expenses.

My question is; Am I crazy?. LOL does she have the final say?

[MukatA]

It appears that you are not a custodial parent so you can not claim the child.

Child of divorced, separated or unmarried parents: Only the custodial parent can claim the child. It does not count who is paying child support. The custodial parent is the parent with whom the child lived for the longer period based on the nights spent. The other parent is the non-custodial parent.

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. With form 8332, the noncustodial parent gets exemption deduction and child tax credit, but not the head of household status and EITC.
Even after signing Form 8332, the custodial parent is head of household and get EIC and any child care credit.
Your U.S. Tax Return: Child of separated or divorced parents

[handell]

I'm well aware of that situation however "My GF stayed at my house with our daughter for more than half the 2009 year." (fixed typo). They were both living there with me. I was supporting them both with a roof over there head, food, utilities, laundry and what not. She did contribute some in Jan and Feb 2009 but it soon stopped.

[ebaines]

Handell - you don't say it specifically, but I'm guessing that your GF moved out part way through the year and took your daughter with her, right? So your daughter spent more nights in 2009 with her mother than she did with you. Consequently your GF has the right to claim the child as her dependent - because as Mukata says your GF is considered the custodial parent. It does not matter at all that you may have contributed more to the child's upkeep.

[handell]

I see. My GF worked most nights so our daughter would be in daycare until my GF got up and went to get her. It was me spending the nights taking care of our daughter. So I would have her from 7pm till 6am, her mom would get her from daycare around 3:30PM in the day.

The funny thing is, that she completely forgot agreeing that we can switch every other year claiming our daughter. Wow what a greedy liar.

This whole system is frickin NOT FAIR. Tired of being taken advantage of.

[AtlantaTaxExpert]

Whoever said taxes (or life) is fair?

[handell]

Well the good people on this earth would like for that to happen, and to not have to deal with government debachery. If you are pressing for another route then you're an obstacle. SO back off little mind.