Child of Divorced Parents

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  • LCP
    Senior Member
    • Dec 2005
    • 432

    #1

    Child of Divorced Parents

    This area is the hardest for me to keep straight. Here's the scenario ......

    Child lives with father for the entire year and father provides all support. Mother does have legal custody. Child has been claimed by father for years. Apparently, this year the mother claimed her and e-filed before we did.

    Is there any basis for the mother claiming her ?
  • Bird Legs
    Senior Member
    • Jun 2005
    • 990

    #2
    Claiming child as dependent

    The father has all the right to claim child as dependent.
    The father should file a paper return claiming the child and attach copies of school records
    doctors records, anything showing the address of the child.

    Comment

    • Possi
      Senior Member
      • Mar 2006
      • 1432

      #3
      Dad gets the prize

      If the child lived with Dad, he gets the prize.
      I would suggest you file a paper return for him, claiming the child. Send with that, a letter stating that the child lived with dad and include any supporting papers that you can.
      If child goes to child care, and dad picks up and drops off child, get a statement to that effect. Doctor visits paid by dad, school records...
      Then, the IRS will straighten it out.
      If mom already claimed child and has a copy of the divorce decree giving her custody, it still does not prove the child LIVED with her.
      I've had to do this more than once for different clients. When we send supportive docs with the return, my return has prevailed and the other spouse gets the bill.
      Hope this helps,
      ~poss
      "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

      Comment

      • Possi
        Senior Member
        • Mar 2006
        • 1432

        #4
        bird...

        we must have been typing at the same time!


        ~poss
        "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

        Comment

        • Bird Legs
          Senior Member
          • Jun 2005
          • 990

          #5
          Poss-Great Minds

          You know what they say about great minds running around together. My mind is going around in such large circles that it got lost. Have no idea where it is.

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