If my ex-husband claims our daughter on his federa...
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New Member

If my ex-husband claims our daughter on his federal return (court-ordered), can I still claim her in another state(California)? Does one state negate the other?

 
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Level 15

If my ex-husband claims our daughter on his federal return (court-ordered), can I still claim her in another state(California)? Does one state negate the other?

No you cannot.  Remember that the non-custodial parent can only claim the dependent and the child tax credit, never the EIC or child care credit, both of which require that the parent claiming those credits actually physically lived with the child mote than half the year.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
New Member

If my ex-husband claims our daughter on his federal return (court-ordered), can I still claim her in another state(California)? Does one state negate the other?

I am the custodial parent. I have her 100% of the time. According to our court order he can claim her every other year. So my question is - does that apply to federal and state or just federal?

Expert Alumni

If my ex-husband claims our daughter on his federal return (court-ordered), can I still claim her in another state(California)? Does one state negate the other?

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

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Level 15

If my ex-husband claims our daughter on his federal return (court-ordered), can I still claim her in another state(California)? Does one state negate the other?


@amydbreslow wrote:

I am the custodial parent. I have her 100% of the time. According to our court order he can claim her every other year. So my question is - does that apply to federal and state or just federal?


I know of no state that allows you to claim a dependent that is claimed by another taxpayer on the Federal return.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
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