What should I do if two people will be claiming my daughter on their taxes? 2 Answers as of January 30, 2012

I am 24 years old with full custody of my 4 year old daughter. In the agreement for custody my ex can claim my daughter on his taxes every even year if he is up to date on child support. He has not paid the child support registry and I have filed reinforcement papers. I have received money here and there from him but not enough to be considered. I lived with my mom in half of 2011 and in 2010, I was receiving medicaid and food stamps for my daughter and I. My mom claimed my daughter and so did her father and now they are being audited. My mom is wanting me to sign a paper saying it was ok for her to claim my daughter, should I sign this paper or can I be left out of this because I can give her the permission to claim right?

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DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
Sign the multiple support agreement that they want you to sign as it sounds like they could use the exemption more than you could. Did they provide more than 50% support for your child? Your ex is not allow to take the exemption if you can show the IRS the decree language and the he was not current the support on December 31st.
Answer Applies to: Iowa
Replied: 1/30/2012
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The person who provides the majority of the amount of support is entitled to claim the child as a dependent, unless there is some other agreement, such as a divorce order which says who gets the deduction regardless of who provided the most actual support. If the divorce order states he can claim the child IF he is current on support and he was not, then he cannot use the divorce order as the reason to claim her. Therefore, you would need to sign that you did not proved the support abut your mother did and she was entitled to claim her on her taxes.
Answer Applies to: California
Replied: 1/28/2012
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