Legal Question in Tax Law in California

Claiming dependents

I am the custodial parent. My 9 yr old daughter goes to school in the district that I reside in. Her dad sees her 3 weekends a month. My daughter's father filed his taxes and claimed our daughter as a dependent after I specifially told him he cannot. I sent in my taxes by paper, along with child support orders showing that I am entitled to claim my daughter for the deduction. Is this enough? Should I send the IRS my daughter's school records or anything else to prove that I am custodial parent? What can I do if he continues to do fradulently claim her next year?


Asked on 4/19/05, 3:44 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Claiming dependents

there is nothing additional that you need to do at this time. if the irs contacts you regarding your return, resend copies of the child support orders.

if the system works properly, your ex husband will be audited and assessed taxes, penalties and interest for each year he claims an improper deduction.

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Answered on 4/22/05, 3:00 pm


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