Fontana, CA asked in Tax Law for California

Q: Is the father entitled to claim daughter on taxes? California

We lived with him since July of 2022 we both worked. I filed child support the ending of august and court was December and it says I’m the custodial and that he had her 9.0% of the time. He already filed them even though I told him not to

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James L. Arrasmith
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A: In California, the parent with whom the child lived for the greater part of the year is generally entitled to claim the child as a dependent on their tax return. However, the specific rules and guidelines for claiming a child as a dependent may depend on several factors, including the custody arrangement and the child support order.

In your case, since you were granted custodial rights and your child's father had her for only 9.0% of the time, you may be entitled to claim your daughter as a dependent on your tax return. However, the final decision will depend on the specifics of your custody order and the language of any related court orders.

If the father has already claimed the child as a dependent on his tax return, you may need to take action to dispute this claim. You may wish to consult with a tax professional or an attorney who can help you navigate the process for resolving a dispute over a dependent claim. This may involve contacting the Internal Revenue Service (IRS) or filing an amended tax return.

It is always a good idea to consult with a legal or tax professional who can provide guidance and advice based on the specifics of your situation. They can help you navigate the process for resolving disputes and ensure that your rights and interests are protected.

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