What do I do if the other parent claimed our child on their taxes?


According to the child support agreement I’m suppose to claim our child for even tax years while she can claim her on odd tax years. So for this year’s tax season(2016 tax season) the mom claimed our child on her taxes, before I can file my taxes. Now, I can’t file my taxes while claiming our child. What do I do to fix this to be able to claim our child for my taxes this year?


Report your deductions on your own tax return. If she has already claimed the deduction, the IRS will disallow your claim and at that point, you can provide proof that you are the custodial parent. The IRS will then disallow your ex-wife’s deduction and allow yours.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The tax attorneys at the Beliveau Law Group provides legal services for taxation. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

Email us now
close slider