GiseleD
Expert Alumni

State tax filing

I would strongly recommend reviewing your court order. In every case like this I've ever seen, when the noncustodial taxpayer takes the federal dependent exemption (they often take them in alternating years), they also claim the dependent on the state level. As far as the state is concerned, it sounds like you qualify to claim the dependent. But that won't stop you from being hit with contempt of court at the local level if you violate the court order if the father wants to push the issue. 

 

If your court order is unclear, you might consider seeking legal advice. Or just go the safe route and claim her on both returns every other year. 

 

@amydbreslow

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"