claiming children when never married

[ktsmooth]

I was never married to the father of my 5 year old and there is no legal agreement between us at this piont regarding visitation or claiming her on our taxes. He only pays $98 dollars a month support and she lives with me and my husband. he has resently told me that according to law that I can no longer claim my daughter on our taxes, but i have not recieved any notice of this from Utah,or Idaho the two states involved. I also just recieved a letter stating that two people claimed her on last years taxes. is that right? is that the law? and what do I do about last years taxes?

 

[ShyMiGirl]

YOU have the right...

You have every right to claim your daughter on your tax return. Federal Law
states that unless an agreement was made prior, the custodial parent
is the one who shall claim the child. It doesn't matter how much the
father paid in child support. The state return should follow the same.
As far as last years return, I'm guessing that the father claimed your
daughter on his return also, which he was not legally able to do. I would
contact the IRS with your situation (be patient...the wait to actually talk
to someone can seem like forever). Let them know that there is no prior
arrangement made that the father can claim the child, and that your
daughter lived with you all year. The father's last years tax return will be
the one to be changed by the IRS. Stick with it...you will get it
straightened out and the father will realize that he made a huge mistake.
Good luck to you!

 

[ShyMiGirl]

Sure

Sent you an email.....