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misfits138913
New Member

Can i claim my daughter even though she lives with her mom and we have court order saying i can if current on child support?

The ex says I can't because she don't live with me

1 Best answer

Accepted Solutions
Opus 17
Level 15

Can i claim my daughter even though she lives with her mom and we have court order saying i can if current on child support?

No.  The IRS will not honor your court order.  (And, while they will honor some court orders issued before 2009, they never honor a court order that contains a contingency.)

The only parent entitled to claim a child as a dependent is the parent where the child lives more than half the year.  The non-custodial parent can only claim the child if the custodial parent signs a release form.

You may have a case to sue your Ex in the family court to enforce the order, but the IRS will not enforce it for you.

(As a practical matter, you are better off negotiating a $2000 reduction in child support every other year, which is the approximate value of the dependent exemption and child tax credit, rather than having to fight over the exemption every other year.  More attorneys need to know the tax situation better.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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2 Replies
Opus 17
Level 15

Can i claim my daughter even though she lives with her mom and we have court order saying i can if current on child support?

No.  The IRS will not honor your court order.  (And, while they will honor some court orders issued before 2009, they never honor a court order that contains a contingency.)

The only parent entitled to claim a child as a dependent is the parent where the child lives more than half the year.  The non-custodial parent can only claim the child if the custodial parent signs a release form.

You may have a case to sue your Ex in the family court to enforce the order, but the IRS will not enforce it for you.

(As a practical matter, you are better off negotiating a $2000 reduction in child support every other year, which is the approximate value of the dependent exemption and child tax credit, rather than having to fight over the exemption every other year.  More attorneys need to know the tax situation better.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
TaxGuyBill
Level 9

Can i claim my daughter even though she lives with her mom and we have court order saying i can if current on child support?

In order to claim the child, your ex needs to give you Form 8332.  As Opus said, if you ex does not willingly give that to you, you must go to Family Court and the Judge will make your ex give you that form.

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