Do I have any recourse involving my daughters father claiming her on his taxes even though she has lived with me for the last 3 years?

Asked on January 10, 2013 under Family Law, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First one needs to know if there is an agreement in place as to custody and child support that mentions who will take her as a deduction.  Then one needs to know how the facts of your case fit in to the IRS regulations. Generally the custodial parents has the right to claim the dependency exemption, the child tax credit, the dependent care credit, the exclusion for dependent care benefits, head of household filing status, etc.  Please speak with our accountant and attorney.  Good luck.

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