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
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.
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.