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by sessered on March 11th, 2005

sessered

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I separated recently and my spouse and I have no children together, however, we have children from previous relationships that lived with us. When I filed my taxes I was told that my husband claimed my daughter. Is there anything that I can do?

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  • by Andy Is Wicked Married to Penal Colony on March 12th, 2005

    Andy Is Wicked Married to Penal Colony

    Depends on the situation. If he is providing support to your daughter, he may in fact be able to claim her on his taxes even if she lives with you. If she resides with you and pays no support, then he shouldn't have been able to claim her. If you have a separation agreement that states he can claim her. . .too many unknowns here.

    You should contact the attorney that is handling your divorce/separation to seek legal advice. Or you could go ahead and claim her and report him to the IRS for doing so improperly (if he is in the wrong).

    This is a tough one. Hope this helps.

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  • by postmuffin on February 22nd, 2006

    postmuffin

    If the children are only yours, then you are the one who can claim them. However, if you and your spouse recently separated, then you should either file jointly this year (if it has been less than 6 months) and claim all your children (more beneficial to both of you is you can get along enough to do it) or you will need to file single. You can't file head of household unless you haven't lived together in more than 6 months. I recommend that if you were still married 12/31/05 that you file jointly for the lowest tax bill (or biggest tax refund).

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