Who gets to claim child for taxes?

[goldengirl]

Joint custody through divorce. Child goes to school in my town and district. Worked part time this year. Her dad worked full time. But he was incarcerated about 2.5 months of last year. Who gets to claim the child for taxes?

[xmasbaby0]

Who had the child for the most nights in 2017?  That is what the IRS cares about.

[goldengirl]

I did if he was incarcerated for about 2.5 months through out last year. But if he files and claims her, what can i do?

[xmasbaby0 · Accepted solution]

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected.  Print, sign and mail your own return which claims your dependent.  Mailed returns are processed differently by the IRS.  It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent.  The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.