Can I claim my daughter as a dependent and claim the child tax credit and still allow my ex, her father, to claim her for the earned income credit only?

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    I have actually gone through this. I received a letter from the IRS from a year that I claimed my daughter stating that I cannot claim a child that has already been claimed. (obviously the mother had already claimed her) This was my year according to our custody paperwork that was dated in 1999 stating that if I was current on child support and paid more than $x.xx but less than $x.xx I had the even years. I did have to jump through multiple hoops to resolve this situation with the IRS to prove to them that it was indeed my year. After a couple court dates with the local county courthouse I received a signed document from the judge that stated that our original paper work from 1999 was controlling for income tax purposes. I sent this document in to the IRS and they finally cleared me after a 6 moth ordeal. If your court paper work clearly states that it is your year, then you have every right to claim the child for that year. You may have to jump hoops with multiple "paper work faxing sessions" and appear in court to get the proper documents to appease the IRS, but in the end if your paper work states that it is your year. Than that is just what it is, your year.
    If you are not familiar with court and have not spent much time in there as I have (not an easy baby momma to deal with in life) Than I would recommend you get a lawyer if you get into this situation. Although it will cost you money up front. And it may cost more than you would receive for the child tax credit, for that year. But what about the next year and the year after that, when it is your year. In the end I beleive it would be worht it to get a lawyer and take the other to court and get this handled. It could cost you allot more money in the end, if you just let the other have all of your years.
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