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Posted Jan 17th, 2012
What happens when a parent claims a child and it was not their year to do so?

Additional Details:
I got divorced and by court order we are to take turns in claiming our son. Last year my ex-wife
claimed our son and this year is my turn but she already claimed him. What can I do? Can I still
claim him?
Legal Topic Area: Taxation in FL

I would suggest that you claim him on your return and submit the return with a letter explaining the circumstances. Include a copy of the court order. The IRS should respect the agreement that you entered into. If you find your self having a problem with the IRS, contact the Taxpayer Advocate section of the IRS. They can be very helpful.

The foregoing is not intended to be legal advice. It is highly recommended that you consult with an attorney.

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Answered on Jan 23rd, 2012 at 12:55am