Her father was court ordered per child support to claim her. I haven't received any payments from the taxes he was supposed to file. He has been dodging his payments and not reporting income properly. I want to request a change in the order which allows me to file her as a dependent for my own taxes since he is over 20,000 in arrears.
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If someone else claimed your dependent the IRS will not tell you who claimed the child. If you are the custodial parent then you can claim the child--the courts cannot dictate the tax laws. YOU can file a tax return and mail it when you claim your child, and the IRS will sort out who was allowed to claim the child. As for the child support order, that is a legal matter on which no one at TurboTax can advise you.
If the child's father did not file a tax return, or if he did not have enough tax withheld in order to receive a refund, then there is nothing for the IRS to seize in order to send it to you.
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