Claiming Dependents on Tax return after divorce

[kalisia]

Hello!

My ex husband and I divorced in 2010 where we had a joint custody arrangement with our daughter and alternating tax years. However; not 10 months later, he disappeared moving states away and never asked, saw, or talked to my daughter for 3 years straight. He also signed a form giving me complete and full custody. After 3 more years he still lives out of the state (Kentucky) and only sees her maybe 3 times a year for her birthday, Thanksgiving, and Christmas for just a weekend. He wants to continue to claim her on his taxes, but I believe I should be the one claiming her. She lives with me 355 days out of the year; so why should he be able to claim her as a dependent. Is there something I could do to not have to spend more money and go to court to try to cancel the alternating tax years? Can I just claim her and tell the IRS that she is living with me for 355 days of the year or will this court agreement to alternate years 5 years ago get in the way, and I get contempt for claiming her, which I don't think he would press for unless he wanted to be a jerk and is hurting for money. I've let him claim 2 years with not even SEEING her for those years. His choice; not mine. I push him to see her, but he says he's too busy or doesn't want to drive so far to see her. Any advice is appreciated. Thanks!

 

[FlyingRon]

If you believe you are legally entitled to the exemption: the kids primarily live with you, you provide their support, they don't have sufficient income on their own to declare themselves, and you don't have any agreement to let someone else claim them, then claim them. It behooves you to file first because you can file electronically. The IRS will kick back e-filing with the same SSN as an exemption already filed. If you don't beat him in, you can still file on paper.

What will happen if you both claim it, then the IRS will note the conflict and send you both 1040x forms asking for you to resolve it. Twice. Then if you don't voluntarily settle, then you can worry about how to prove you are infact the person legally entitled to the exemption.

Of course, if you are trying for one of the special tax credits like EITC you better get some professional advice to make sure you are damn sure you are entitled to the claim (the rules are different than the general exemption rules), because there is special congressional funds to string up people trying to perpetrate that fraud.

 

[davew128]

If you believe you are legally entitled to the exemption: the kids primarily live with you, you provide their support, they don't have sufficient income on their own to declare themselves, and you don't have any agreement to let someone else claim them, then claim them. It behooves you to file first because you can file electronically. The IRS will kick back e-filing with the same SSN as an exemption already filed. If you don't beat him in, you can still file on paper.

The problem with this is if the divorce decree specifies that the ex is supposed to claim him in certain years, OP can be pursued in state court if she doesn't perform even if tax law allows her to claim the exemption under these circumstances.

 

[LdiJ]

Hello!

My ex husband and I divorced in 2010 where we had a joint custody arrangement with our daughter and alternating tax years. However; not 10 months later, he disappeared moving states away and never asked, saw, or talked to my daughter for 3 years straight. He also signed a form giving me complete and full custody. After 3 more years he still lives out of the state (Kentucky) and only sees her maybe 3 times a year for her birthday, Thanksgiving, and Christmas for just a weekend. He wants to continue to claim her on his taxes, but I believe I should be the one claiming her. She lives with me 355 days out of the year; so why should he be able to claim her as a dependent. Is there something I could do to not have to spend more money and go to court to try to cancel the alternating tax years? Can I just claim her and tell the IRS that she is living with me for 355 days of the year or will this court agreement to alternate years 5 years ago get in the way, and I get contempt for claiming her, which I don't think he would press for unless he wanted to be a jerk and is hurting for money. I've let him claim 2 years with not even SEEING her for those years. His choice; not mine. I push him to see her, but he says he's too busy or doesn't want to drive so far to see her. Any advice is appreciated. Thanks!

You state that he moved to Kentucky, but what state do you live in and where did the divorce take place?