What happens when ex doesn't get written permission from custodial parent for tax refund?

My daughter lives with me 11 mths out of the year, her father pays child support. I am on SSI and dont file taxes as I do not work. There is nothing in our divorce about Taxes but understand he should have been asking me for a form to sign. Is this right?He hasn't. Unless he has been having someone else sign my name on it. What are my rights?What happens when ex doesn't get written permission from custodial parent for tax refund?
You have the right to claim your daughter as a dependent provided she's under 19 years old (or 24 and a full-time student). She lived with you more than 6 months and presumably did not pay more than half of her own support. She's your qualifying child and no one elses.





Your ex-spouse could claim her as a qualifying relative IF you released the exemption to him on a Form 8332 or similar stmt. This release can be for one year, for more than one year, or for all future years.





If you've not released the exemption (and the divorce decreee does not give him that right), he ought not be using your daughter as his dependent.





Your question doesn't specifically indicate that you know he has used her on his return. If you're not sure, there's nothing wrong with asking him directly before reporting him to the IRS.What happens when ex doesn't get written permission from custodial parent for tax refund?
You are the only parent eligible to claim your daughter as a dependent since you lived together for more than 1/2 of the year. The custodial parent in a divorce situation is decided by whom the child resided for the longer period of time during the taxable year. Since your are the custodial parent, you can release your claim to the dependency exemption but in order to do this, you need to sign a written declaration that your ex will need to attach to his tax return.
since you say it is not written in the divorce decree that he can claim your child, the only way he would be able to claim her is if he provides more than half her support (and child support is not tax deductible) , she lived with him over half the year, and other things but since she doesnt even meet the first two than i suggest you take him to court, there is no tax form to sign thats why there are so many illegal dependent claims. the only thing would be in the divorce decree.
Contact the IRS, and they will provide you with the forms, to have an investigation done to see if he has claimed the daughter.





If he pays child support he should be able to dedust that amount depending on how he files.
To have claimed his child without your written permission he would have had to have told the IRS he was the custodial parent or she was his qualifying relative. There is a form the custodial parent can sign if they want to give the noncustodial parent the right to claim the child as an exemption and for the child tax credit. They would not get EIC or dependent care credit for the child and the custodial parent could still get these credits if they are required to file a return





If he used her as his qualifing child he had to tell the IRS she was living with him for more than six months out of the tax year.





If he used her as his qualifying relative he had to tell the IRS if was paying more than half of her support.





If neither of the above statements are true he should not have claimed her.





If she is living with you and no one else provided over half of her support and you do not file taxes no one should be claiming the child.
You should have the right to claim your daughter. Does he pay alimony to you? Alimony is taxable to you so if he pays it then you should be filing a tax return.





You could always be nice and let him claim your daughter since he actually pays taxes. And yes there is a form to sign in order for you to let him claim your daughter.