Does my child's mother have the right to allow her mother to file my child as a dependent on her taxes?

Thing is my family and I are the sole contributors to all finances dealing with my daughter. My daughter is 5 years old and her mom has 3 other children and has never worked anywhere.They all live with the her mom along with her 16 year old sister that has 2 children and has never worked. The grandmother is retired and there isn't anyone in the household that works. I told my daughters mom I would file my daughter because I owe back child support almost four thousand dollars and by me filing her it would clear me..So days later she told me I could not file her because she was going to let her mom claim her and give her a thousand bucks. All I wanted was to to clear my credit report and pay my debts but she clearly wants to sell her children off for the benefits. Is that fair that the custodial parent make a decision like that or is it that how people use the system to their advantage. The 8332 form is a joke and as long as she lives and doesn't work she'll never give me that right..

Unfortunately, unless your child support guidelines firmly state who is allowed to claim the child as a dependent on taxes, as the primary care giver she is allowed to claim it. I think where this gets sticky is that she says that her mother is going to claim the child. For some reason, I do not think that is allowed unless it is already established in the child support arrangements. Most parents living in seperate households either specifically have it stated in the child support arrangements or they share the tax dependent by taking turns who gets to claim the child and alternating every other year. You could probably file a complaint about it, but the fact that you owe back child-support can also cause issues. Your best option would be to try to reason with her that she will get all of her owed child support if you can claim your daughter, but if she still claims that her mother will claim her, you might have to get a tax attorney. You might also want to consider calling your state's department of revenue and ask for their guidance, or an accountant. Good luck.

You're SOL. I would suggest that you consult with an attorney.

If your girlfriends mother already has five children there is no point in her claiming your child....you can only get a child tax credit for two kids.

custodial parent was is there any court documentationas to whom files for taxes

Sounds like a mess of a situation. But since the child lived with her grandma for over half the year, grandma can legally claim her.

It might not be fair, but it's the way the law works. Unless she either gives you permission to claim your daughter or you have a court order allowing you to claim her, you can't. Sorry.

Who supports the child? Did you provide more than half her support for more than half the year? Is there any court order about child support and/or claiming the exemption? IF not, go to court and get it changed, giving you the right. You couldn't claim HOH, but could file Single and claim your daughter IF she is your child, under 19 yrs, not living with you due to separated parents, child didnt' provide half her support. Between you and the mother, who is custodial parent, without the 9332, the mother wins, as you know. BUT, if both you and the grandmother file, and you supported child, you ought to win the tie-breaker.