Wise, VA asked in Tax Law and Child Custody for Virginia

Q: How can I prevent my child's father from claiming her on federal tax return ?

My daughter lives with me she only sees her dad on his days off from work however he's claimed her on taxes the last 4 years. He refuses to let me claim her. He doesnt give me any of the money for her expenses. How can I keep him from being able to claim her!!

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1 Lawyer Answer

A: The IRS does not allow both parents to claim an exemption for the same child. Your child custody agreement should tell both of you who is entitled to claim your daughter; some parents rotate each year; others allow one or the other to claim the child. If you have some written proof that you earned more money than your husband, or that your husband does not pay child support or otherwise "support" his daughter, you can notify the IRS.

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