Claiming child on Taxes

[ObamaBarrack]

What is the name of your state (only U.S. law)? Arizona

I am a resident of Florida but my marriage and divorce both took place in Arizona. When our Final Judgement was entered, it stated that I had SOLE LEGAL CUSTODY and PHYSICAL CUSTODY of our daughter. My ex has only reasonable visitation. My question is the following; Does my ex husband have legal right to claim our daughter on taxes at all? The Final Judgement never addressed that he had any specific right to claiming her and I was just curious as to whether I should get the FJ amended to clarify that. The FJ does not mention taxes at all.

He's not involved in her life but does pay child support and isn't in arrears although there have been times he missed a payment and had to make a double payment the following month. He does not and has not provided for her with regards to health care or anything else of that nature.

Im not familiar with Arizona State Law and I would really appreciate it if someone who is can assist me in this matter.

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona

I am a resident of Florida but my marriage and divorce both took place in Arizona. When our Final Judgement was entered, it stated that I had SOLE LEGAL CUSTODY and PHYSICAL CUSTODY of our daughter. My ex has only reasonable visitation. My question is the following; Does my ex husband have legal right to claim our daughter on taxes at all? The Final Judgement never addressed that he had any specific right to claiming her and I was just curious as to whether I should get the FJ amended to clarify that. The FJ does not mention taxes at all.

He's not involved in her life but does pay child support and isn't in arrears although there have been times he missed a payment and had to make a double payment the following month. He does not and has not provided for her with regards to health care or anything else of that nature.

Im not familiar with Arizona State Law and I would really appreciate it if someone who is can assist me in this matter.

Arizona state law does not apply regarding your question. The federal tax code applies because your divorce did not address the issue. Under the federal tax code you are the only person who has the right to claim the exemption for the child unless you voluntarily release the exemption to him by signing a form 8332.

You do not need to get your orders amended for that. If he claims the child and you cannot file electronically because of that, you simply need to file a paper return. You will receive your full refund. Later on down the road the IRS will investigate the duplicate claim and he will have to pay back the excess refund he received.