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Dependant Claim question

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TylerM

Junior Member
What is the name of your state (only U.S. law)? New Hampshire

Hello everyone,

I have found myself a little on edge. I am recently separated from my ex with whom I have a 2 y/o daughter. We were never married, and currently do not have a custody agreement (for the fact that we WERE on "fairly" good terms). We made an agreement (verbally and non-binding) that I would claim our daughter on my taxes and split the return 50% with her. After filing my taxes, I received notice that it was rejected by the IRS stating that another person already claimed our daughter. Low and behold, my ex went behind my back and filed claiming her (which is frustrating considering my daughter lives with me and I pay for nearly everything) and has told me I can expect nothing from her. She signed form 8332, releasing claim of our daughter for next year (supposedly) and is now ignoring my inquires entirely.

I really was counting on this return and would like to know what options I have in still getting something out of this. I learned that joint physical custody agreements in which the parents do not agree on who should claim, the person with a higher AGI would be granted the right to claim. Is that still the case without a custody agreement? Any help is greatly appreciated because this is tremendously frustrating.What is the name of your state (only U.S. law)?
 


TinkerBelleLuvr

Senior Member
What is the name of your state (only U.S. law)? New Hampshire

Hello everyone,

I have found myself a little on edge. I am recently separated from my ex with whom I have a 2 y/o daughter. We were never married, and currently do not have a custody agreement (for the fact that we WERE on "fairly" good terms). We made an agreement (verbally and non-binding) that I would claim our daughter on my taxes and split the return 50% with her. After filing my taxes, I received notice that it was rejected by the IRS stating that another person already claimed our daughter. Low and behold, my ex went behind my back and filed claiming her (which is frustrating considering my daughter lives with me and I pay for nearly everything) and has told me I can expect nothing from her. She signed form 8332, releasing claim of our daughter for next year (supposedly) and is now ignoring my inquires entirely.

I really was counting on this return and would like to know what options I have in still getting something out of this. I learned that joint physical custody agreements in which the parents do not agree on who should claim, the person with a higher AGI would be granted the right to claim. Is that still the case without a custody agreement? Any help is greatly appreciated because this is tremendously frustrating.What is the name of your state (only U.S. law)?
Because you were NOT married at the time of the blessed event, MOM is the ONLY custodial parent at this time. You do NOT have the right to claim the child sans a court order, unless mom were to give you the exemption with that 8332.

court orders are your friend! They let everyone know what they are supposed to do when you aren't getting along.
 

TylerM

Junior Member
MOM is the ONLY custodial parent at this time.
Not the case. I filed an affidavit of paternity at the hospital when she was born. I am a custodial parent.

My daughter is living with me most of the time (whenever mom decides she wants to save face or be a parent, she takes her). Actually, I am the only one with a legal residence at the moment, as she lives with a friend's family.

I am well aware that court orders are my friend. I thought we were operating on a level of mutual respect and wanted to keep the court out of it, but that is obviously not the case. I fully intend to file for full-custody in light of this.
 

TylerM

Junior Member
So you're telling me that the irresponsible and un-providing mother that in no way is a primary care giver, gets to be the only custodial parent without a custody agreement? If so, it sounds as though I am totally and utterly powerless in this situation. Why is that if by claiming paternity I am taking on all the responsibility, but can receive none of the actual benefits?

I realize that my type of situation the father is typically a deadbeat, but I am the one trying to provide for my little one day to day, so leave the prejudice at the door please.
 

TinkerBelleLuvr

Senior Member
the test he is referring to is the same one you posted.

If it appears that YOU have the right to claim the child, then you can file a paper return. Later in the year, the IRS will ask for substantiation from both parties and the one who is credible keeps the tax return.
 

ecmst12

Senior Member
Definitely file for custody as soon as possible though. Court orders are important. With an unmarried couple, even if paternity is established, mom is assumed to have sole custody until a court says otherwise. Since the child is living with you though, you have a good chance of being granted at least primary residential custody based on status quo....just file before mom changes her mind about allowing the child to live with you.
 

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