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    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
    Vision Expert
    		  
    #1

    Jan 28, 2011, 04:17 PM
    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.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 28, 2011, 09:30 PM

    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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 29, 2011, 12:06 AM
    Agreed; file and claim the child and the IRS WILL sort it out.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #4

    Jan 29, 2011, 11:53 AM

    Thanks a ton guys. That is certainly helpful information. Sort of what I thought and was hoping to hear.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Jan 29, 2011, 01:16 PM
    Glad to help!
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