Solved: X wife. Every year she tells me her boyfriend/ now husband can claim my daughter on his taxes. In Divorce I can claim as long as she does not file a tax return?
Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
Announcements
TurboTax has you covered during Covid. Get the latest second stimulus info here.
cancel
Showing results for 
Search instead for 
Did you mean: 
New Member

X wife. Every year she tells me her boyfriend/ now husband can claim my daughter on his taxes. In Divorce I can claim as long as she does not file a tax return?

 
1 Best answer

Accepted Solutions
Level 15

X wife. Every year she tells me her boyfriend/ now husband can claim my daughter on his taxes. In Divorce I can claim as long as she does not file a tax return?

If she is remarried, her spouse has the same rights to claim stepchildren as dependents as a biological parent has.  If they file a joint return for his income, then she is "filing a return."

The parent who is automatically entitled to claim a child as a dependent is the parent where the child lives more than half the nights of the year, regardless of any court orders or divorce agreements.  The non-custodial parent can't claim anything unless the custodial parent signs a release form.  (In some cases, the non-custodial parent may be able to go to family court to get an order that the other parent sign the release, but the IRS won't do anything without it.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

View solution in original post

1 Reply
Level 15

X wife. Every year she tells me her boyfriend/ now husband can claim my daughter on his taxes. In Divorce I can claim as long as she does not file a tax return?

If she is remarried, her spouse has the same rights to claim stepchildren as dependents as a biological parent has.  If they file a joint return for his income, then she is "filing a return."

The parent who is automatically entitled to claim a child as a dependent is the parent where the child lives more than half the nights of the year, regardless of any court orders or divorce agreements.  The non-custodial parent can't claim anything unless the custodial parent signs a release form.  (In some cases, the non-custodial parent may be able to go to family court to get an order that the other parent sign the release, but the IRS won't do anything without it.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

View solution in original post

Dynamic Ads
v
Privacy Settings