Can I claim my daughter on taxes if my ex doesn’t?
Asked by: samserio
During my divorce, I found out that my ex didn’t file his taxes the first year apart because he knew he owed. I filed 2010 taxes and claimed my daughter, and the judge never did anything about it. During the court hearing, the judge ordered that I get to claim my daughter on even years, and he gets to claim her on odd years, provided he is up to date on child support. When I filed my 2011 taxes, he wasn’t, so I claimed her. I will claim her next spring for the 2012 taxes. Now, come 2013, if he is caught up on child support (which he is now and will be if he happens to keep this job–payments are garnished), he will technically be able to claim her. However, if he isn’t filing taxes anyway, can I? For example, come April 15th, can I call and find out if her SSN was filed, and if not, claim her myself? I do contract work where my taxes don’t come out, and even when I claim her, I break even (slight refund, no payment). If I don’t get to claim her, I’d have to pay out thousands in taxes. It would make a huge difference. What could I do? (And no, “asking” my ex is not an option, haha!)