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.

Related Topics:
1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.