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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Default Claiming My Child on Taxes

    My question involves a marriage in the state of: Ohio

    I don't know if I am in the right forum but here is my question. It is regarding a tax question for 2011 filing. My ex-wife has told me that I am not allowed to claim my child on my taxes this year because I owe back child support. According to our court ordered agreement, I am to claim my daughter in the odd years and she is to claim her in the even years. Can someone tell me if this is true or not before I file my taxes and mess them up? Thanks, Doug

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Claiming My Child on Taxes

    The IRS has differing standards than the state divorce courts. As far as the IRS is concerned you must meet their tests (she resides with you and you support her) or you must have authorization from the other parent to claim her.

    What will happen if you both claim her is that the IRS will notice and send you both a letter asking you to amend your returns to resolve the situation. If that doesn't happen, things will get ugly for you. Details here: http://www.irs.gov/pub/irs-pdf/p504.pdf

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Claiming My Child on Taxes

    You are in a catch 22. She is in violation of the court order, if she does not allow you to claim the child, however, if she is the custodial parent, you cannot claim the child without an 8332 release. I suggest you work out an agreement for her to sign the form and you to apply all the money to your arrears.

    http://www.irs.gov/pub/irs-pdf/f8332.pdf

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