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5 Answers

What happens if both mother and father claim child on taxes?

Asked by: pmitchem 277 views YA Discussion

I am a single mother, my child’s father is in her life but he does not give me child support. Last year was the first time he gave me some money and it was about $ 300. Also we alternate claiming her on taxes but I’m going to tell him he can no longer do so. That I will be the only one claiming her. Well I know he won’t agree with that so what happens if we both claim on her on our taxes. Will there be a hearing? Or is it whoever claims her first? Her dad has a child so he won’t be losing out plus he doesnt pay me child support.


5 Answers



  1. tro on Jan 02, 2013 Reply

    the IRS rule is the parent with whom the child spends the majority ‘nites’ with is the parent to claim the child
    paying child support does not entitle that parent to claim the child unless the custodial parent signed the #8332 waiver to allow it
    if he file first and your return is rejected due to the SSN duplication, file your return manually, if you are the parent with the majority ‘nites’ he will have a hard time proving he is the one
    and yes the two returns will be examined and the parent who proves the rule will get the exemption

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  2. shoredude2 on Jan 02, 2013 Reply

    The first one who claims her will go through by efile. The second will not. The second will have to be mailed. Then the IRS sends both people forms requesting documentation on who is the one who can legally claim the child. If the person who filed first is found in the wrong, that person is required to pay back the difference between claiming the child and not.

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  3. coraann on Jan 02, 2013 Reply

    You need to sue him for child support. The court will decide how much he will pay you and if he
    doesn’t, his wages will be garnished.
    He has no legal right to claim your child on his tax return. It does not matter whether he agrees
    or not. The parent that is raising,feeding, clothing, housing and providing all the necessities of
    life is the only one allowed to claim a child on her/his taxes.
    You could attach a note to your tax form,clearly stating that you are the only parent supporting
    your child. $ 300. is not support.
    You are cheating yourself and your child.

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  4. Judy on Jan 02, 2013 Reply

    If she lives with you, and there’s no valid court order saying you alternate, then you have the right to claim her every year, he doesn’t have to agree. If he claims her first, then you’ll have to mail in your return. The IRS will send you both a letter saying that whoever doesn’t have the right to claim her needs to amend and drop the claim. If he doesn’t, send the IRS the info to prove that she lives with you, and the IRS will decide in your favor.

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  5. StephenWeinstein on Jan 02, 2013 Reply

    If the second claim is made electronically (e-filed), then it will be rejected, because the IRS requires that the second (and third, etc.) claim must be filed on paper, by mail. Only the first claim can be made electronically (e-filed). If the person who is second violates this rule, then they must either resubmit the claim on paper, by mail, or let the other person (the person who was first) have the claim. Again, this is not about being first. It is about making the claim by the correct method.

    If the second claim is made on paper, by mail, then the IRS will inquire in writing. They will not hold a hearing. They will send letters asking for the information that they need.

    If you receive a letter from the IRS and you respond by saying that the reason for your claim is because he did not pay child support, then his claim will be allowed, and yours will be denied. One of the requirements for claiming a child is that the payment, or nonpayment, of child support must not be the reason for the claim.

    If you receive a letter from the IRS and you do not give child support as a reason for your claim, then the IRS will allow the claim of whichever person spent more than half the year with the child and deny the claim of the person who spent less than half the year with the child.

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