How to I claim my daughter on my taxes if my ex-husband has already filed?
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Our divorce decree states that we are to alternate years claiming our daughter. This year was supposed to be our year, but I e-filed my taxes and it was rejected because it said that she was already claimed by another person. He still has not returned my calls regarding this, but I can’t imagine who else would have claimed her. Anyway, who do I need to do in order to claim her since, according to the divorce decree, it is our year?
Sorry for the bad grammar and difficulty understanding this. I’m super-mad right now 
I just pulled out my decree and read through it and it actually does not say anything about claiming our daughter. After I thought about it, I think I just let it alternate because I felt like it was the “fair” thing to do. So basically, he did not have ANY right to claim her. I just hate to go to a lawyer to get it resolved.
July 28th, 2010 at 9:29 pm
Call the family court judge
http://www.irs.gov/faqs/faq-kw115.html
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July 29th, 2010 at 9:32 am
Mail your return. As long as you have documentation that you were supposed to get the exemption, you’ll get it eventually.
Good luck.
http://www.irs.gov/faqs/faq-kw115.html
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July 29th, 2010 at 10:29 pm
I am in the same situation. My ex keeps claiming my son, even though it is supposed to be my turn in the odd years. I have to talk to my lawyer and he files a “contempt of court” complaint. It then goes to the judge who signs off on it and a lien is placed on his federal tax return. The taxes are amended and the deducted amount is given to me.
http://www.irs.gov/faqs/faq-kw115.html
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July 30th, 2010 at 10:30 am
If the decree states that it’s alternate claiming of her and it is your “year”, you need to talk to your lawyer since he isn’t returning your calls. He has violated a court order and is basically “stealing” from you. Have your attorney get in touch with him, maybe it will scare him and he’ll hand over the return to you, or possibly retract his taxes and let you claim her.
http://www.irs.gov/faqs/faq-kw115.html
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July 30th, 2010 at 8:29 pm
Since your decree is silent on the issue, you get the exemption assuming that your daughter lived with you for the longer period during the year.
If your ex already filed his return and improperly claimed her, you will have to file a paper return. The IRS will then investigate the issue and award the exemption to the proper party. Most likely this will be you. They’ll then process your return with the exemption that you are entitled to. Your ex will be billed for any tax that he owes because of the improper exemption claim that he made.
http://www.irs.gov/faqs/faq-kw115.html
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July 31st, 2010 at 7:32 am
My ex did the same thing. I have primary custody of our sons. Although I am allowed to claim them every year because they are in my physical custody (the majority of the time), he continues to try to claim them every year…and he ends up having to file an amended return or just pay back the difference. I don’t know why he continues to do this when he knows what the result will be. I suppose because he’s an idiot.
http://www.irs.gov/faqs/faq-kw115.html
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July 31st, 2010 at 6:32 pm
What is your custody arrangement?? Who is “primary”? Usually, the parent who is the primary is the one who claims the dependent (unless otherwise stated in the decree). If the non-custodial parent wants to claim the dependent, they have to have a specific IRS form signed by the custodial parent. Go to the IRS website and read about it…
http://www.irs.gov
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August 1st, 2010 at 5:30 am
I’m in the SAME situation..it sucks. When me and my ex got divorced, I was a full time student, so I didn’t file any taxes. I let him claim her ONLY that first year with an 8332 form. But, now that i’m working this year, I found out after I e-filed and it got rejected that he claimed her again this year. First off, he can’t do that, because he needs to attach a 8332 form to his tax return EVERY YEAR. And, that form HAS to be signed by the “Custodial” parent, which I didn’t sign. He claims that because in our divorce under where his child support was figured out it says that the last year i filed (2002) stated that I didn’t claim her that I can never claim her, and that gives him the right too…MORON!!! So, in return i’ll file a paper copy of my taxes, they can figure out that i’m the one that gets to claim her, he’ll owe money back and EVENTUALLY i’ll get my tax return..I’m thinking your in the same boat..aren’t men GREAT??? It’s like one of the answers THEY ARE STEALING!!!
http://www.irs.gov
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