Q: Am I entitled to claim my daughter or her father is?
I have a court document from child support from Dec 2022 that says Federal tax filing for tax year 2022 NCP(him) as Single and me as head of household. Number of tax exemptions federal for him is 1 while mine says 2 for the state one it says same as federal. On the next page it says “ state tax setting “ number of children for child tax credit his says 0 while mine says 1. He already filed her tho but I’m not sure if I can fight it.
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A:
Under California law, both parents may be entitled to claim a child as a dependent for tax purposes, depending on the specific circumstances of the case. However, if there is a court order or agreement in place regarding the issue of claiming the child as a dependent, that order or agreement will generally control.
In your case, it appears that there is a court order in place regarding the issue of claiming your child as a dependent for tax purposes. The court document you have from the child support case indicates that you were designated as the head of household and entitled to claim your child as a dependent for tax purposes for the tax year in question.
It is possible that your child's father may have filed his taxes claiming your child as a dependent in violation of the court order. If this is the case, you may be able to take legal action to enforce the court order and seek a remedy for any financial harm caused by his actions.
If you have any concerns or questions about your specific situation, it is recommended that you consult with an attorney who can provide you with legal advice based on the specific details of your case.
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