@MollyF30
"My husband didn't file our taxes last year."
Why did you not file your 2020 tax return? You could still prepare and mail a 2020 return. It cannot be e-filed; it has to be mailed. But if you are the custodial parent then you could claim your child on your own 2020 return. The IRS will sort out the competing returns that claimed the same child.
And that will also be the case for a 2021 return. If your ex claims her and really should not claim her. you will not be able to e-file if he files first, but you can print, sign and mail your tax return. The IRS will process the return and sort out later who can claim the child.
IRS interview to help determine who can be claimed:
https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent
https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent
Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?
If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 18.
As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
