My husband is entitled to claim his daughter on odd years his ex claimed hoh tax credit is this poss

we already filed rapid refund and it is kicking it out saying she has already been claimed. ex says she did not claim and did head of household and tax credit is she able to do this and what can we do to get our taxes filed and claim this child as we are suppose to for 2007

My husband is entitled to claim his daughter on odd years his ex claimed hoh tax credit is this possible?

Your husband is entitled to claim his daughter if she lives with him over 50% of the year only. Her mother must have already claimed him as she is likely legally entitled to do if his daughter lives with her mother most of the time. The IRS does not recognize all divorce settlements or personal agreements. If someone already claimed her then you cannot. Speak to his lawyer if you feel you need to.

My husband is entitled to claim his daughter on odd years his ex claimed hoh tax credit is this possible?

Well, if she is the custodial parent of the child for more than half of the year, she can still claim Head of Household because his daughter would be considered a %26quot;qualifying child%26quot;. She can take the child tax credit because of this. She is not allowed to claim her as a %26quot;dependent%26quot;, though. You should still be able to claim the child as a dependent on your tax return if he is entitled to it by court (that is, if there is no wording explaining a stipulation, said the IRS when I called about this issue recently) and get the standard deduction. Sounds like she DID claim her as a dependent if it%26#039;s kicking back. File your tax return by mail and attach the court order that says you can claim her as a dependent. The IRS will then look into it.

My husband is entitled to claim his daughter on odd years his ex claimed hoh tax credit is this possible?

You will need to file a paper return. If you are eligible to claim the child as a dependent (see warning below) do so. The IRS will eventually contact both parties (you and whoever else claimed her) and ask for details. Whoever is determined to meet the requirements will get the deduction; if the first person filed incorrectly they will have to repay.

For the warning, I get the impression he is claiming her based on a divorce decree. Divorce decrees can be used in lieu of Form 8332, but only if they contain the correct wording. The vast majority do not. If the cutodial parent (for tax purposes, the parent with whom the child lives most of the year) is indeed the person who claimed the child and your divorce decree is not properly worded the custodial parent will most likely prevail.

My husband is entitled to claim his daughter on odd years his ex claimed hoh tax credit is this possible?

the only way to file as HOH is to claim a child, so she%26#039;s lying

My husband is entitled to claim his daughter on odd years his ex claimed hoh tax credit is this possible?

File on paper. Be absolutely certain that the form 8332 is attached to the tax return.

The form 8332 is signed by the mom and gives your husband the right to claim the exemption and just the child tax credit. The mom retains the right to claim HOH, child care and EIC only.

If she (or her preparer) accidentally claimed the exemption and/or child tax credit, she%26#039;ll have to amend her return.