Asked in Tax Law and Child Support for Indiana

Q: who can claim a child for taxes?

my ex has not seen our child in 4+ year and has not carried insurance on her for 2+ years..i also have not had an address or phone for him for 3+ years..can he still claim her on his taxes..he is currently current his child support

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

A: You're dealing with two separate sets of laws in two completely separate jurisdictions both state domestic law and federal tax law.

What does the parenting plan say? If there's a state order that he's in compliance with that allows him to take the child deductions then not doing so is contempt and he could file for damages or injunctive relief.

For tax purposes the custodial parent is the one that has the child more of the time. It sounds like that's you so you have the absolute right to cl;aim the child on the return. if you want to allow him to claim the child you have to fill out a Form 8332 releasing your right to claim the child.

He cannot claim the child without the 8332. If you refuse to grant him that and he has a court order saying you're supposed to his recourse is a contempt action.

If he does so anyway the IRS will send you each a letter asking for verification of your authority to claim the child. You'll most likely win. If he files first you won't be able to efile with the child you'll have to mail it in.

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