He owes back child support, so he is not supposed to claim her. We both have custody
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All you can do at this point is file your tax return by mail. The IRS will send letters to both you and the father, to determine who is entitled to claim the child.
The IRS is not bound by your divorce decree or custody agreement, and they will not enforce the agreement. They follow the tax law. Under the tax law, whichever one of you the child lived with for more nights during the year is the custodial parent and is entitled to claim the child as a dependent. If the father is the custodial parent according to the tax law, and he refuses to release the exemption for the child to you, you will have to go to your lawyer or to the court to enforce the divorce decree or custody agreement.
All you can do at this point is file your tax return by mail. The IRS will send letters to both you and the father, to determine who is entitled to claim the child.
The IRS is not bound by your divorce decree or custody agreement, and they will not enforce the agreement. They follow the tax law. Under the tax law, whichever one of you the child lived with for more nights during the year is the custodial parent and is entitled to claim the child as a dependent. If the father is the custodial parent according to the tax law, and he refuses to release the exemption for the child to you, you will have to go to your lawyer or to the court to enforce the divorce decree or custody agreement.
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