My daughters father and I have joint legal custody, I have secondary physical custody. I had my daughter 197 days last year, over half of the year and I claimed her on my taxes. The father is now threatening me and is moving forward with claiming her. Since I had her more days (and I can prove this), will I have to refund the deduction back (the money is on our daughters savings account)? The way our custody order has been set is, I have her more days one year, he the other. Why would he be able to claim her each year? Can I appeal this or is it too late?
Answer
The primary physical custodian has the right to claim the child unless it is otherwise agreed to in a settlement agreement. I assume your daughter attends school in his school district which will support his argument. You can always attempt to challenge it with the IRS, but it may be difficult to prove to the IRS she was with you more of the time. You may want to meet with an attorney to discuss your future options.
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