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gayled · Feb 12, 2011, 04:36 PM

What can I do if my child's father claimed her on his taxes without my permission? I am the custodial parent, I pay for all of her medical expenses, her gymnastics, etc.. he only recently started paying half of her daycare.. there are countless other expenses that occurred throughout the year for our 3 yr old and I am the one who paid out of pocket 9/10.. indeed I do make a substantially larger amount than he does but I feel that is beside the point.. furthermore he is not on child support and mainly only buys our daughter clothes on her birthday or for christmas.. how do I get my rightful refund since I've been the main financial provider for my child and she lives with me?"

ScottGem · Feb 12, 2011, 06:17 PM

When you use a site like this, it makes sense to browse around and look for similar questions. Very often you can find the answer without having to post and wait for a reply.

This is definitely the case with your question as it has been asked and answered a number of times. What I suspect happened is you tried to e-file and it was rejected because your child had already been claimed on another return. So what you do is file by mail and include proof of your right to claim your child. The IRS will investigate and take appropriate action.

Fr_Chuck · Feb 12, 2011, 07:42 PM

Yes you will need to file using paper filing and attach all of the proper information.

First is there any custody order that would allow him to claim child on taxes ?;

Next, if I read it right you don't have a child support order in place though the court, if you don't, then he does not even owe anything officially, just morally.

gayled · Feb 12, 2011, 07:56 PM

Thanks.. I haven't actually filed but he told me he claimed her on his taxes.. ive been seeing various different answers on different sites and people and will call the IRS office on Monday.. there is no custody order in place but I've paid everything for her through my bank so there is a paper trail showing all of the financil support I've provided to her.. she is also under my insurance through my job if that means anything.. thanks again for the response..

Also, he hasn't given me anything from his tax refund and acknowledges he is aware I've provided more financial support than he has since she's been born so I'm extremely ticked that he would even do this.. ugh

{Comments merged}

ScottGem · Feb 13, 2011, 07:08 AM

First, if there is no custody order your right to claim her may be harder to prove. There is an IRS publication on how to determine who is entitled to claim a child in case of divorce. You might want to search on IRS.gov for it.

Second if there is no support order then he has no obligation to give you part of his refund. Though there is hardly time for him to have gotten it yet.

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