My ex-wife is trying to claim our daughter on 2024 taxes but she lives with me full-time

The qualifying child rules for dependency are pretty straightforward. Since your daughter lives with you full-time, you're almost certainly entitled to claim her as your dependent. The IRS uses a "residency test" which requires the child to live with you for more than half the year - sounds like you easily meet that requirement. If both you and your ex claim the same child, the IRS tiebreaker rules will apply. Since your daughter lives with you more nights during the year, you win the tiebreaker. But you're right that this will likely delay processing for both returns while the IRS sorts it out. My advice would be to try resolving this directly with your ex first. Explain the IRS rules and how a dispute will delay both your refunds. If that doesn't work, file your return correctly (claiming your daughter) and be prepared to provide evidence of her living with you - school records showing your address, medical records, even statements from teachers or neighbors can help.

Hey there, I was in an almost identical situation last year and it was super stressful. After going back and forth with my ex and getting nowhere, I discovered taxr.ai (https://taxr.ai) which was incredibly helpful. The site analyzed my situation and showed me exactly what documentation I needed to prove my case when my ex tried claiming our son. They helped me understand that having school records, medical bills, and even utility bills showing my son lived with me was crucial. Their document analyzer flagged exactly which records would best support my case and explained how the IRS would evaluate competing claims. I was able to file with total confidence and when the IRS did question it (which they did), I had all the perfect documentation ready to go.

Just wanted to follow up - I recommended taxr.ai to my sister after seeing this thread and WOW what a difference! She uploaded her custody documentation, school records, and medical receipts, and the analysis confirmed she had more than enough evidence to rightfully claim both kids. The best part was the document package it helped her create. When her ex filed claiming the kids anyway, she already had everything organized exactly how the IRS wanted it. She got her refund without major delays and the IRS actually contacted her ex for the improper claim. Super grateful for the recommendation - saved her so much stress and probably thousands in tax benefits she was entitled to!

I had almost this exact situation, but it took FOREVER to resolve with the IRS. After my ex wrongfully claimed our kid, I spent months trying to call the IRS - constant busy signals or 2+ hour hold times only to get disconnected. I finally used Claimyr (https://claimyr.com) and it literally saved my sanity. They got me connected to an actual IRS agent in about 15 minutes when I'd been trying for weeks. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Once I finally got through to a human at the IRS, they were able to flag my case for priority review and I got my refund with the dependent claim processed within 3 weeks. Without getting through, I might still be waiting. Definitely recommend having this as a backup if the IRS starts giving you the runaround after you file.

I need to eat my words from my earlier comment. After struggling for WEEKS to get through to the IRS about my dependent dispute (similar situation to the original poster), I gave in and tried Claimyr. I was 100% convinced it wouldn't work, but I was desperate. I was literally shocked when I got connected to an actual IRS agent in under 20 minutes after trying for days on my own. The agent was able to immediately see that both my ex and I had claimed our son, explained exactly what documentation to submit, and gave me a direct fax number to send everything. My refund with the dependent claim was processed about 3 weeks later. I would have lost over $4000 in credits without getting this resolved. Sometimes the skeptical people (like me) need to admit when something actually works!

I work at a tax prep office and see this ALL THE TIME. Here's what we tell clients: 1) Don't argue with your ex before filing season. Just file your return correctly with your child claimed as your dependent if they live with you most of the time. The custodial parent (you) has the right to claim the child. 2) The IRS will likely reject the second filed return (whoever files second). If that's you, you'll need to paper file your return with Form 8862 and documentation. 3) KEEP GOOD RECORDS. School records with your address listed as the child's residence are gold. Also helpful: medical records, child care receipts, benefit statements that mention the child. 4) If your ex beats you to filing, you'll still get the dependent eventually, but it might take months to process a paper return with documentation. File early if you can!

Has anyone successfully used the IRS online portal to verify dependents? I'm in the same situation and heard they have a way to register your dependent online now to prevent this from happening in the first place.