Legal Question in Family Law in Utah

taxe rules

I have a 7 yr old daughter. He father and I were together for 3 years. But for the last 4 yrs he and I were not together, and she has lived with me full time. I have basically let him have every other weekend and about two weeks during the summer. The problem I have is he hurried in to get his taxes done this year and claimed her as a dependent to get the child tax credit, and the earned income credit. He basically claimed her for every deduction he could. The problem is he was on active military duty and outside the country all year, and only returned to Utah on 120106. There is no custody order in place because we were never married, so claiming her n taxes has never been court ordered or anything. He knows he isn't supposed to do this, and that he basically filed a false tax return. I am just wondering what the best route is now to take to appeal to the IRS so that I can claim her and get my money back. It was only by chance that I found this out before I filled my taxes. And what are the standards in these situations. He says every other year, but I say that is only in situations where parents share joint custody, not in situations where she lives with me full time and he barely see's her and pays minimal support

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