Legal Question in Tax Law in Indiana

who claims the child on income taxes

Two years ago my 8 year old daughter's mother voluntarily gave me custody of her because she was newly and facing homelessness.

Each year after that she has called me to ask if I am going to claim my daughter on my taxes. She works just enough each year to get the earned income tax credit.

She claims her son, not mine, but she would get more money if she claimed two children.

Each year she tells me I should give her money since she ''allows'' me to claim my daughter. I provide 100% of the support of my daughter, she pays no child support.

The custody is legal, I filed it in court as soon as the mother gave my daughter to me.

What can I do if she rushes and files her taxes and claims my daughter before I file?

Asked on 1/31/05, 9:01 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: who claims the child on income taxes

File your taxes when you are ready, and claim your daughter as a dependent. In this case, I suggest you include copies of the court documents granting you custody, and include a separate letter advising the IRS that you have had custody since whenever and that you have been the only one paying anything to support your daughter. To do otherwise would involve you in a conspiracy to defraud the IRS; which would be a bad move.

Read more
Answered on 2/01/05, 8:18 am

Related Questions & Answers

More Tax and Taxation Law questions and answers in Indiana