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Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience:  I am a licensed Attorney.
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I live in ohio and have a daughter out of wedlock, the father

Customer Question

I live in ohio and have a daughter out of wedlock, the father is on her birth certificate and he does pay support when he has a job. We have no custody papers but i do let him have her on the weekends because my job has me working every weekend. On a few occasions i have verbally said he could claim her on his taxes every other year but i have yet to allow him because he can't stay current on his support because he keeps getting laid off, so he claims. Does he have the right to claim her on his taxes and/or what can i do to keep him from claiming her when i am going to claim her again this year?
Submitted: 4 years ago.
Category: Family Law
Expert:  Robert replied 4 years ago.
Hello and thank you for choosing JustAnswer!

If there is no order indicating that you must allow him to claim the child on his taxes and the child lives with you for more than half of the year then, pursuant to Section 152 of the Internal Revenue Code, you are entitled to claim the child on your taxes.

You can access IRC Section 152 at the following link:

http://www.wcupa.edu/hr/benefits/PDFs/Section_152_Internal_Revenue_Code.pdf

If the child lives with you for more than half the year then you should claim the child on your taxes. I suggest you take your tax information for 2012 to a tax specialist on January 1st or 2nd of 2013 so that you can claim the child first. If you both claim the child, then the second parent to claim may not be able to do so immediately (unless the second parent files on paper) and the irs will conduct an investigation to determine who may claim the child (they will side with you if the child has lived with you for more than half of the year in 2012).

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

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Customer: replied 4 years ago.


My mother watches my daughter the other two days during the week while i work and she spends the nights with her so technically my daughter is at her dads as much as she is with me because she is 2 or 3 nights overnights with my mom so what should I do?

Expert:  Robert replied 4 years ago.
Thank you for your follow-up.

If the daughter is under your care for more than half of the year (even though your mother watches her for a couple nights a week) and it can be said that the child lives with you and stays at your mother's house sometimes then you should be fine to claim the child on your taxes.

If you believe that it cannot honestly be said that the child lives with you or is under your care for more than half of the year then you should consider agreeing to sharing the benefit of claiming the child on taxes. From what you have told me, it sounds as though you would be correct in claiming the child on your taxes.

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify. I am glad to help!

Thank you,



Robert

While of course not required, a bonus is greatly appreciated if I have been particularly helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:

http://www.justanswer.com/law/expert-askrobert/
Expert:  Robert replied 4 years ago.
Is there something else I can help you with? If not and you are satisfied then please provide me with a positive rating so that I can be compensated for my work. Of course, I am willing to assist you with related follow-up questions or clarification of my answer until you are satisfied and without additional charge. I am glad to help!

Thank you,



Robert