custody and dependants on taxes

[smmrrox]

What is the name of your state? California

I need help fast! I tried to file my federal taxes and was rejected because some else has claimed one of my daughters. My ex-husband's widow (I believe, she won't call me back) could have claimed her on her taxes. She has no right to claim her. My daughter spent only 6 weeks visiting, not living as a dependant. What do I DO?
I can't afford to hire a lawyer unless I absolutely have to.

[TinkerBelleLuvr]

File a paper return claiming the child. You'll recieve your refund a bit later since it is a paper return. Then the IRS will send letters to both parties and you'll need to prove the child lives with you: doctor's, daycare, school records, etc.

The person receiving the refund improperly will have to repay the IRS.

Only the custodial parent has the right to receive EIC and Child and Dependent care credit.

Now, there is one caveat here:
You mention "widow". Did the father die in 2007 and have a court order that allowed him to claim the child for 2007? If so, then the wife would have the right to claim the child in a joint return.

[smmrrox]

Thanks, I'll do that. The father died in july 2006. I have divorce papers that say I am the only one who can claim both of the children. Do I need to wait until they ask for proof or can I send it with the 1040 knowing they'll ask?

[TinkerBelleLuvr]

File your return now. Gather your information for when the paperwork from the IRS comes in. You will need to prove that the children live with you: school records, doctor's offices, daycare.

Just a curiousity question though: did the father EVER have the right to claim any of the children?

[smmrrox]

Daughter in question was claimed by him on 2005 taxes, as she lived there during that time. He never has a legal right to claim her, but I let him file that year and I claimed the other child. That is the only time, unless he has some legal paper I don't know about. Which I highly doubt as he was not that motivated.