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pittmanchicole30
New Member

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

Could he file still when he owe child support and i have not give him permission and my daughter stay with me.

9 Replies
DoninGA
Level 15

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

Can he file a tax return claiming his daughter as a dependent on his tax return?  Yes he can.  There is nothing to stop him from filing a tax return and improperly claiming someone as a dependent even when he is not entitled to do so.
You just file your tax return claiming your daughter as your dependent.
When the IRS receives two or more tax returns claiming the same personal exemption for the dependent child they will contact you both by mail.  Both of you will need to prove that they are the one that is eligible to claim the child's personal exemption.  Since you are the custodial parent, more than likely the father will lose the IRS investigation.
The loser of the investigation gets to repay any tax refund received along with penalties and interest.
SweetieJean
Level 15

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

Do you and your daughter live with another adult?  Are you employed?
(If he owes back child support, you can have his wages garnished.)
Critter
Level 15

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

If you are married filing separately and both parents live with the child, either parent can claim the child as a dependent and only that person gets all the child related benefits ... they cannot be split.


If you are unmarried but live together with the child, either one of you can claim the child (or children) as dependents. If the parent who claims the child as a dependent also pays more than half the expenses of keeping up their home, they can file as head of household instead of single, which is slightly more favorable.  The other parent should not even list them in Turbotax, because there are some poorly worded questions that confuse some people.

If you are unmarried or never married and live apart and share custody, then:

The parent with whom the child lives more than half the year (184 or more 184 nights for 2016) is automatically entitled to claim the child as a dependent. This is the custodial parent. (IRS determines custody based on where the child lives, not any court order or agreement.)  The non-custodial parent is not entitled to claim anything.

However, the custodial parent can sign a release (form 8332) allowing the non-custodial parent to claim the child as a dependent.  You can download this form from the IRS web site.  The custodial parent signs it and gives it to the non-custodial parent and the non-custodial parent mails it to the IRS after e-filing the rest of their tax return.  In this case, the non-custodial parent can claim the dependent exemption and the child tax credit.  The non-custodial parent can never claim earned income credit, the dependent care credit (day care credit) or use the child to qualify for head of household status.  Those benefits always stay with the custodial parent.

 


Haja33
New Member

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

How can I stop my daughter's father?

VolvoGirl
Level 15

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

Either efile your return first or if it rejects you can print and mail it to claim her.  You can not prevent him from claiming her.  If you both claim her the IRS will mail you each a letter asking for more info to determine who is able to claim her.

California97
Returning Member

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

My baby’s  father contacted me saying he is going to claim our child wether I like it or not. I was unemployed this year, so I can’t file for a tax return. It is unfair because he does not pay child support or ever see his daughter. I have full custody and he is out the picture. So this makes me so anxious and upset that he is using our child, how can I stop him!? 

Tucker 16
Level 2

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

It starts with the court ruling you or babydaddy has custody. If you have custody then bbydfaddy has to have your permission to claim your daughter. Some the court has a ruling on who claims the child deduction for tax and financial matters. If it is not in the court ruling then babydaddy can not claim your daughter in any tax returns.

California97
Returning Member

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

How will the irs know to check who has custody ? Because I can’t file for taxes this year because I was unemployed 

Cynthiad66
Expert Alumni

My babydaddy had file my daughter and i does not want him filing her no more because he is not taking care her or buy nothing for her and i dont have my permission.

Now if you received Unemployment Compensation during 2020 you should file to get back withholdings if any was withheld.  Claim your daughter on that return.  If her father claimed her, that will cause the IRS to question his return because two returns will have her social security number.

 

If that is not possible for you to file a return then write a letter to the IRS explaining your situation.  Include your child's name and social security number.  Also, provide the name and social security number of the father, if you have that information.    If you have a court order about child custody etc., attach copies of relevant pages to the letter. That will alert the IRS to the situation.  Make your letter brief and clear.

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