Can my childs stepmom claim her? The custody papers we have says we do every other year. It's her dads turn but no job & the wife isn't in papers. he's way behind in CS.

[fdn6564]

The stepmom is working but the father is not. It's his turn to claim our child as a deduction. he owes around 7000 dollars in child support to me. Do I have to allow the wife to claim my daughter? She barely sees them.  Our custody agreement was made years before their marriage so she isn't included in it. I mean is she even allowed to claim my daughter?  Can someone who isn't her mother or father claim her?

[Opus 17]

A stepparent has the same legal right to claim a child dependent as a biological parent.

Per IRS regulations, the parent who has custody more than half the nights of the year is the only parent automatically entitled to claim a child as a dependent.  (The only exception is for divorce or custody orders signed in 2008 or earlier that contain specific qualifying language.)

If you are the custodial parent then the other parents (step or bio) can't claim anything unless you give them a signed release form 8332.  Using the release form, they can claim the child tax credit and the dependent exemption but can't qualify for EIC, head of household, or the dependent care expense credit -- those benefits always stay with the custodial parent.

The IRS will not honor their dependent claim without a form 8332.  However, if you don't give them the form, they could make a complaint in family court and the court could order you to sign the form or hold you in contempt.  On the other hand, if they are behind in support, the court might not order you to sign the form.  It's a risk you would have to take.