Ex-Husband suing for right to claim child on taxes

[jeanie92201]

My fiance whom I have been with for six years, for the first time has claimed my daughter from my previous marriage on his taxes. My ex husband says that because my fiance claimed her it is only benefiting my fiance and not my daughter or myself. My daughter lives with me and I have full custody. Should my ex get the right to claim her on his taxes? Is it legal for my fiance to claim her. Someone please help, the court date is April 10.

 

[LegalBeagle]

My fiance whom I have been with for six years, for the first time has claimed my daughter from my previous marriage on his taxes. My ex husband says that because my fiance claimed her it is only benefiting my fiance and not my daughter or myself. My daughter lives with me and I have full custody. Should my ex get the right to claim her on his taxes? Is it legal for my fiance to claim her. Someone please help, the court date is April 10.

If your fiance lives with you, claims head of household and provides at least 50% of the support for the child then he can claim your child. I do not understand the point of the ex taking you to court because even if your fiance can not claim, then you do. Your ex has no right at all to claim the child.

Does he have an attorney ?

Read this publication..
http://ftp.fedworld.gov/pub/irs-pdf/p501.pdf