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My daughters father who has no custody rights and has not lived with her at all this year in fact he lives in a totally different state has claimed her on his taxes so now mine was rejected. How do I fix this?
Feb 10, 2020
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

I'm sorry to hear about your troubles. The IRS law on point would say that the first to file gets the tax benefits. The benefits should only go to the parent who had the child for the most overnights throughout the year. You could fight this with the IRS, and report his improper claim, or you could investigate filing against him in state court, though he is out of state, and there may be jurisdictional issues. Every tax situation is unique and I would recommend having an assessment with an experienced advocate that can assist you with this.

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