turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Event: Ask the Experts about your refund > RSVP NOW!
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

zbiggboy
New Member

My ex claimed my daughter when she wasn’t supposed to. What can I do about this?

Per our divorce decree I am to claim our daughter. When I filed my taxes I was notified that she was already claimed. I called my ex and she confirmed that she did despite what was in our divorce documents. 

What can I do?  Or am I just screwed?

Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

4 Replies

My ex claimed my daughter when she wasn’t supposed to. What can I do about this?

Who has physical custody of your daughter?
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
zbiggboy
New Member

My ex claimed my daughter when she wasn’t supposed to. What can I do about this?

She does, but I have the right to claim her per the court order

My ex claimed my daughter when she wasn’t supposed to. What can I do about this?

If you are not the custodial parent, regardless of what the court order says, your ex would have to sign form 8832 to allow you to claim your daughter.

 Post-2008 divorce decree or separation agreement. The noncustodial parent can't attach pages from the decree or agreement instead of Form 8332 if the decree or agreement went into effect after 2008. The custodial parent
must sign either Form 8332 or a similar statement whose only purpose is to release the custodial parent's claim to an exemption, and the noncustodial parent must attach a copy to his or her return. The form or statement must release
the custodial parent's claim to the child without any conditions. For example, the release must not depend on the noncustodial parent paying support.<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p501.pdf">https://www.irs.gov/pub/irs-pdf/p501.pdf</a>
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
Hal_Al
Level 15

My ex claimed my daughter when she wasn’t supposed to. What can I do about this?

Your only remedy is to take the ex back to court for sanctions.

For a full discussion and options, see a similar question at https://ttlc.intuit.com/questions/4469960-i-have-a-legal-agreement-in-divorce-papers-on-claiming-my-...

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies