My daughters father wants to claim her on income taxes. Can he do this without my permission?

Do you have a court document about custody? If it says he can, then he can. if it doesn't, then this is something you need to talk to your lawyer about.

*EDIT* - It would be in yours and the father's best interest to have a custody order from the courts. It is not to punish or reward either parent. It's to spell out what legal rights each of you have over the child. One those that can be included is who gets to claim the child on their tax returns.

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He likely cannot claim her without your permission. The rules are somewhat complicated, but generally in order for the non-custodial parent to claim the child as an exemption, the custodial parent must sign off on IRS Form 8332, and the non-custodial parent must include a copy of the Form 8332 on the tax return. The exception to the Form 8332 requirement is if a divorce decree or cort-ordered custody agreement specifies that the non-custodial parent is entitled to claim the exemption. Even then, the decree or order must have been made prior to 2009.

Important note: In most cases, the parent who is receiving child support will receive little or no benefit by claiming an exemption. I'm not trying to stereotype people here, but quite simply the custodial parent generally has very little taxable income, so claiming an additional exemption will be pointless. If this is the case with you, then you can negotiate with the father, and agree to sign off on Form 8332 provided he gives you some money in return. For a taxpayer in the 33% tax bracket, an additional exemption would be worth around $1000.

Per the IRS the child can only be claimed by the household she spent more than 183 nights in during 2012. That would be you.

Some divorces allow the other parent to claim on alternating years, if so you must provide the form. Read your order.

If he claims her and you do too the IRS will ask for proof. Since she lives with you he will have to redo his taxes.

What does your custody agreement state? Often there is language allowing parents to alternate years claiming the child(ren) as dependents.

Otherwise, if you provide for her care during the year, go ahead and claim her. The IRS will flag both returns and you all can sort it out then.

Does your daughter stay with you? if so, you will desire to have claimed her on your return. it is not too late -- you will document a revised return and declare her, as you will desire to have initially. while the IRS sees which you're claiming somebody who has already been claimed on yet somebody else's return, they'll inspect, and supply the deduction to the guy who's legally entitled to it -- that would desire to be you. they're going to make your ex pay back the quantity he won fraudulently. Be very beneficial you choose to try this. Is it nicely well worth the undesirable thoughts this is going to reason?

Uh, it has nothing at all to do with YOU or with how often he visits.

Using your daughter to be vindictive toward HIM is a horrible thing to do to YOUR OWN, INNOCENT daughter.

It's a matter of tax law whether he can claim her. And it's about how much money he gives toward her maintenance.

Instead of looking for ways to screw him over, why don't you care for that daughter who depends on your attention?

Money talks, e-mail walks.

The courts and the IRS don't care about e-mails or visits. They care about where the money comes from. Ask your lawyer about it...

Does he pay 61% of her support. Will you be claiming her?

Legally no, he can't...illegally he still can and if he beats you to it, you will have to fight it and you won't get your money until around August.

He doesn't have the right, no.