Ex-husband claimed our daughter on his taxes, and she lives with me in another state

My ex claimed our daughter on his taxes this year, but she lived with me. We live in different states, and I can prove she was with me. What can I do about this?

What does your divorce decree say about who gets to claim the children on their taxes?

And to add to Puck's comment, in absence of a written agreement, the parent that provides 50% or more of FINANCIAL support for the child is allowed to claim them as a dependent. Where the child lives and who they live with is irrellevent to the IRS.

Elizabeth M,

This is always a sticky issue.

Puck has asked the right question as the divorce documnent trumps all other rules.

If you want to release your claim for the child, you can complete IRS Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents.

I have the impression that is not what you want to do.

Being the custodial parent, you have the first right for the dependency.
You need to file your tax return claiming your child as a dependent.
The IRS will notify you they are rejecting your claim for the child because the child has been claimed on another taxpayer's return.
The IRS will also give you instructions for proving your claim:
- School Records
- Doctors Report of care
They are 2 records that come to mind quickly.

The IRS does have a special rule for divorced or separated parents. A child will be treated as a qualifying child or qualifying relative of the noncustodial parent if all of these apply: see page 8 of IRS PUB 504, Divorced or Separated Individuals;
http://www.irs.gov/pub/irs-pdf/p504.pdf

Ah...I stand corrected by Clydewolf. Many thanks...again.

Thanks for the input. I do have custody, with all the trimmings, as they say. I was told by a tax pro to go ahead and file without putting my daughter on the return, then when it was finished, to make an amendment (with proof from school records) and it would be taken care of.

Can my ex continue to get away with this?

Until the IRS whacks him with interest and penalties, sure! I imagine, though, that it will only take a whack or two before he starts to play nice with the Revenuers.

All of you have been great. Its good to know there is a site I can go to and actually get some helpful info!