Can my ex claim my daughter that I have claimed since 2005?

[jryan]

What is the name of your state (only U.S. law)? Alabama
My husband and I divorced in 2005 and agreed that he would claim our son and I would claim our daughter. This was not stated in our divorce decree, just an agreement between the two of us. We have joint custody and neither of us pay child support. We have always split any expense on the children. I have claimed our daughter since the divorce but now he states that he will claim her on his taxes this year because he bought her a car from a family member that didn't cost much and because he provides her with gas money. I also provide her with gas money. She spent over 6 months with me in 2012. Can he just out of the blue claim her on his taxes just because he decided to buy her a car?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Alabama
My husband and I divorced in 2005 and agreed that he would claim our son and I would claim our daughter. This was not stated in our divorce decree, just an agreement between the two of us. We have joint custody and neither of us pay child support. We have always split any expense on the children. I have claimed our daughter since the divorce but now he states that he will claim her on his taxes this year because he bought her a car from a family member that didn't cost much and because he provides her with gas money. I also provide her with gas money. She spent over 6 months with me in 2012. Can he just out of the blue claim her on his taxes just because he decided to buy her a car?

No. IRS rules control.

 

[jryan]

Thank you for your quick reply. I understand the No response but I am not understanding what you are trying to say "IRS controls"

 

[Zigner]

Thank you for your quick reply. I understand the No response but I am not understanding what you are trying to say "IRS controls"

The IRS has rules on who can claim a dependent. Have you researched those rules?

 

[Just Blue]

Thank you for your quick reply. I understand the No response but I am not understanding what you are trying to say "IRS controls"

You should go to the IRS site and see the controlling factors for claiming a child on your Federal Tax documents.

 

[CSO286]

Thank you for your quick reply. I understand the No response but I am not understanding what you are trying to say "IRS controls"

IRS rules indcate that the parent with whom the child resides the majority of the year is the parent who can claim said child.

That said, you should probably do all you can to file asap, because Dad could just as easily file, claiming the child, and then you'd have quite a headache sorting it all out when you submit and find out the child has already been claimed.