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If you are due back child support, the state will only offset the arrears from the other parent.  More importantly, if he claimed the child and the credits but did not have permission (as the custodial parent, you must consent to allowing him to claim her) and qualify (for example, for the earned income tax credit ONLY the parent who the child lived with can claim even if you consent) you can paper file your return and include your daughter as dependent. 

If he is uncooperative and will not correct, the IRS will eventually contact both of you to figure out who gets to claim the dependent. The losing party will then be liable for any additional taxes, penalties, and/or interest as a result of the false claim.

What Happens When Both Parents Claim a Child on a Tax Return?



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