Sheffield, AL asked in Tax Law for Alabama

Q: Do I have to allow the father of my child the right to file our daughter on his taxes?

she lives with me all year with the exception he gets her one night a weekend and a few hours during the week. I've agreed to let him claim her every other year but he doesn't agree with that so what are my rights.

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1 Lawyer Answer

A: Just don't sign the 8832. The IRS requires the form for a non-custodial parent to claim a child. The IRS uses different rules than the state to determine custody. If he claims her anyway the IRS will send both of you letters requesting the form and evidence that you are entitled to the deductions.

Be ready for him to file a contempt action in domestic court if you have an agreement that states he can claim her and you don't allow him to, or if you have no current agreements he may file with the court for orders on such matters.

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