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question iconMy 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?
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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.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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Bill Henry
OtherFeb 10, 2020
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