Legal Question in Family Law in Ohio

I have a question about claiming a dependent on taxes... I am the father and we have a custody order in place. The order states that we alternate years to claim our daughter on taxes and if the mother does not work than I can claim her every year. Now she has not worked in almost 3 years, but this year the mother had her boyfriend claim her and our daughter on his tax return as dependents. They do not live together and our daughter has not since around February/March of 2013. My daughter lives with my ex's ex-in-laws (long story, nothing against me) and has since around May of 2013 because the mother cannot afford to provide her own place. The mother moved in the ex-in-laws house around October or later of 2013. Her boyfriend lives elsewhere. I tried to claim her per court order since the mother did not work for the whole year of 2013 and the IRS rejected my filing due to the mother's boyfriend claiming our daughter. What can I do and is she allowed having someone else claim our daughter when she doesn't have an income and we have a court order saying that if she doesn't work for that year than I claim her every year?? Please Help! Thanks!

Asked on 2/13/14, 9:14 am

Sarah Fox Sarah N. Fox Attorney at Law

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You should have been able to claim her. Contact the IRS about how to open a claim.

Answered on 3/25/14, 8:05 am

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