Yes, you
can claim the child on your W-4, at work. It doesn’t matter that somebody else
is claiming her; as the W-4 is only an estimate, for withholding purposes, of
the eventual tax due. What you (or your partner) claim on your W-4 does not
lock you in to what you can (or cannot) claim at tax time.
At tax
time, there is NO way for both of you
to claim
her. Only one of you can claim her, and that most likely is you, because
you said “my child”, instead of “our child”. If the child is not his
biological, or adopted, daughter, he cannot claim her, if you are required to
file a tax return. He also cannot claim tax free dependent care benefits. He
will have to pay tax on the work benefits, he received.
However, if
she is his child, too; the two of you may decide, between you, who will claim
her. But, only one of you can claim her. If you cannot agree, on who will claim
her, the parent with the higher income has the higher right.
