Q: Co-parent claimed child on taxes against agreement; what can I do?
I have a formal court agreement with my co-parent stipulating that for the 2025 tax year, I am entitled to claim our child as a dependent. However, my co-parent has claimed the child on their 2025 tax return. When I tried to address this, they became defensive. I've also consulted a tax professional, who mentioned that they cannot intervene as per their rules. What steps should I take next to resolve this issue?
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A:
It’s frustrating when a co-parent goes against a formal court agreement, especially when it affects your taxes. Since you have a legal agreement that clearly states you are entitled to claim your child for the 2025 tax year, the IRS will honor that if proper documentation is submitted. You should file your tax return claiming the child as your dependent, even if your return is rejected initially due to your co-parent filing first.
If your return is rejected, you will need to file by mail and include IRS Form 8332 or a copy of the court order that grants you the right to claim your child. The IRS will then begin a process to determine who is entitled to the exemption, and they may contact both parties. If the other parent can’t prove their legal right to claim the child, the IRS may require them to amend their return or face penalties.
Make sure you keep a copy of your court agreement and all communication related to the issue. If your co-parent continues to violate the agreement, you may also want to speak to a family law attorney to seek enforcement through the court system. Taking action now can help prevent similar issues in future tax years.
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