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linfante26

Junior Member
I have a child with a woman and we are no longer together. She doesn't work or go to school. I pay full child support. My question is can I claim my daughter even if her mother says no? If so how can I go about this matter if my ex doesn't want me claiming my daughter?
 


Isis1

Senior Member
I have a child with a woman and we are no longer together. She doesn't work or go to school. I pay full child support. My question is can I claim my daughter even if her mother says no? If so how can I go about this matter if my ex doesn't want me claiming my daughter?
who does the child live with the most (more than 50%)? is there a visitation order? are you the legal father?
 

mistoffolees

Senior Member
I have a child with a woman and we are no longer together. She doesn't work or go to school. I pay full child support. My question is can I claim my daughter even if her mother says no? If so how can I go about this matter if my ex doesn't want me claiming my daughter?
Assuming that you are talking about claiming the child on your taxes, the person who has the child the most nights in a years gets the deduction (there are a few minor exceptions, but they don't seem to apply).

The court can't make the IRS change that rule. The could, however, require Mom to sign an 8332 form granting you the exemption. However, that isn't often done in unmarried cases.
 

LdiJ

Senior Member
I have a child with a woman and we are no longer together. She doesn't work or go to school. I pay full child support. My question is can I claim my daughter even if her mother says no? If so how can I go about this matter if my ex doesn't want me claiming my daughter?
Did mom earn any income at all in 2011? Did you and mom live in the same household at all in 2011? If so, how long in 2011 did you live in the same household? If you did not live in the same household in 2011, with whom is mom living?

If this is one of those cases where mom is living with her parents and they are providing support for mom and the child, its possible that mom does not have any say so over who gets to claim the children. One of the IRS rules is that the two parents combined must provide more than 50% of the child's support. The fact that you are paying child support may not mean that you are providing more than 50% of the child's actual support. In which case the grandparents may be the ones entitled to claim the child.

The above is an example of why I am asking the questions I am asking. The answers are important.
 

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