Is there a way to fight my legally separated husband claiming our daughter as his dependent if the judge found that she is in my custody 63.7 percent of the time?

[tkteach]

My husband already filed his taxes and more than likely gas his return. Can I fight his claim? Is it worth it? How do I do that?

[Anita01 · Accepted solution]

This is an income tax forum and we cannot give you legal advice.  From a tax point of view, you can file your return as accurately as possible and file it by mail.  The IRS will, at some point, ask you both to provide evidence of where the child spent the most nights, and decide who is qualified to claim the child.  The person who is determined to not be qualified will pay back tax plus possible penalties and interest.