dependent. its my year to claim to daughter

[loveyoukobe]

its my year ti claimed my daughter thru a court plan which says i have the odd years to claim if i am up to date and current on child support which i am well the mother went and claimed , I have proof that i am up to dates on payments so what happens now

[DawnC]

As far as the IRS is concerned, the only parent who has the right to claim a child as a dependent is the parent that the dependent spent the most nights with (custodial parent).   You will need to contact the court unless you were the custodial parent.   Or have the custodial parent give you a Form 8332.  

[loveyoukobe]

The court told me i can claim  my child in the odd years..per written into the parenting plan that father claims child in odd years .my question is do i claim head of household  or do i claim single. My daughter lives with her mom but court still states that i can claim since i am up to date on payments. So do i claim everything that comes along with claiming my daughter? Head of house hold or single ect...? Thank you for your help

[TomK100 · Accepted solution]

You should file as Single.  Please see Hal_Al's detailed explanation of filing as a non-custodial parent.

[loveyoukobe]

Basically keep file as single.  But her mom already filed using my daughter social security number when i try to file mine it was rejected so should i try to resubmit as. Single and go from there?

[ReginaM · Accepted solution]

File your return correctly claiming your child in accordance to the court order.  You will need to file a paper return.

The IRS will process your return and send you your refund, in the normal time. You will  receive a letter from the IRS, stating that your child was claimed on another return, telling you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing.

The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.