Can my husband claim his daughter on taxes?

My husbands ex wife has not worked the whole year of 2008. My husband pays child support and extras. Can he claim his daughter on income taxes? They have joint custody of her.Can my husband claim his daughter on taxes?
He can if she does not file taxes or claim her. If she does claim her he should set up an agreement with her to alternate years of claiming her on there taxes. If she does claim her when and if she files and he claims her also it could be painful if an audit is done. I know a few separated couples that do that.Can my husband claim his daughter on taxes?
There are a whole lot of questions that determine if somene can claim a dependant. Did they pay over half their living expenses, did the child live with you over half the year? In actuallity, its who ever claims the SSN first. If his wife isnt filing taxes and didnt have income then it sounds like your husband did pay over half her living expenses.





EDIT: I would talk to the mother first. I know people are saying the issue with how many nights are spent with each parent; however, my older daughter's father and i have written in our child support agreement that we can claim her alternating years since he pays 51% of what the state thinks will support her. One year we both claimed her by accident and we got a letter stating not to let it happen again. I am not sure if he has to fill out a seperate form like someone stated but since she lives primarily with me, I dont have to fill out that form. i would recommend calling a tax place like H%26amp;R block or Liberty Tax.
The primary parent has the exemption unless other wise court ordered, The rules since they were married, have joint custody, if not stipulated by the court, yes he can. To be safe have the ex to sign a release of a exemption. She had no income(unless her hubby did) so she has no reason to claim her.
';Joint Custody'; is a legal term.





The IRS goes by NIGHTS.





If the daughter spent 184 nights or more with mom, then dad can ONLY claim his daughter if he has a signed 8332 form. That form gives hime the $3500 exemtion and the child tax credit. It does not give him EIC.





The fact he pays child support is nice, but it means absolutely nothing in tax law.
Only parent with whom the child spent most nights can claim the child. Child support does not count.


Who can claim the child if the parents are divorced, separated or unmarried, read: http://taxipay.blogspot.com/2008/03/chil鈥?/a>
If she lives with her mom and not with him, then he can't claim her unless he has a valid court order saying that he can, or the mom gives him written permission. He could ask her to sign a form 8332 but she doesn't have to.