Yes, I think you are right. I say this because my dh and bm rotated who claimed skids even if they didn't live there. Here is the thing though, you can claim them as exemptions for 2009 and all future years, but if you are getting an earned income credit it is based on how much of the year they were living with you. You may not get to claim them for eic in 2009, but you definately can for the standard tax exemptions. In future years though,if she lives with you mostly, you can have EIC, too.

I would file your taxes as soon as you can. Even though it says that your DH can claim kids on taxes, if BM files first and claims them on her taxes, it's a huge PITA to get it corrected.
______________________________________

Love me or hate me, I'm still gonna shine!!!

Definitely file it first and it should not be a problem since the judge signed it. The IRS accepts the first one they receive and the second one has to fight for it.

This happened to us one year and maybe it is different in other states but BM filed first although SD did not live with her... she got the taxes alright and when DH went to file they said his BD's SS# had already been used. DH called the IRS reported fraud, he was able to claim her also. The IRS said the person in the wrong would just owe the $ back when they investigated after tax season ended and that is just what happened she had to pay them back.

In the divorce decree's parenting plan, my DH was awarded his son's exemption every year, since he's paying all the child support. He gets to claim the spousal maintenance he paid $MM$ for the past 2 years, which helped last year tax time. Unfortunately, child support can't be claimed on tax forms, shucks!

~*~A Good Mommy will let the kids lick the beaters. A GREAT Mommy will turn the mixer off first!~*~

If its in the agreement, your FH should be the one to file. But DO IT FIRST.

"If I turn into another, Dig me up from under what is covering the better part of me" -Incubus

I can help on this one just sat down with our local IRS agent and had this EXACT conversation with them- My BF had major tax issue and his divorce was just finalized Dec 16th 2009- He pays child support and in the order he has a right to claim kids each year.

1. The IRS does not recognize the court order and they will always side with the custodial parent of the children.

2. There is a form you need to get and the BM needs to sign and return to you. It basically states that she as the custodial parent releases child to DH for tax purposes. I will try to post actual form # when I get home.

3. If BM claims the exemptions and violates the order you can file a motion for contempt and she will be responsible to DH for the amount and attorney fees.

Hope this helps!~

It's for 8332!

Yes you need to get Form 8332 and good luck getting the BM to sign it. It would have been nice to have that form with you at the hearing so you could request the BM fill it out in front of the judge. You'll probably have to go back to court to get BM to comply. i do not think the IRS accepts the court documents anymore as proof that you can claim your child(ren). Need 8332 signed ....it allows her to sign over permanently, every other year or other I believe. http://www.irs.gov/pub/irs-pdf/f8332.pdf
and below link for more info

http://www.dadsdivorce.com/blog/New-IRS-Regulations-May-Affect-Your-Righ...

If she doesn't comply and you have a court order stating you get to claim I believe the IRS will assess the BM penalties and fees if you both end up filing and claim the child(ren). IRS will kick both claims out or penalize her if they find you are authorized to claim and not her. Best to get that form signed before filing. Great, I know,just one more thing you have to talk to the ex about. good luck!

As I stated above ely is right because this is exactly what happened with us...there was no form that had to be signed though. SD's residence is our home so there was no question about that. The IRS did give both parents their tax return claiming the same child, except, she had to pay it back. The IRS fraud person my DH spoke with said if you are not in the wrong do not worry, it will be handled appropriately. We never heard back from the IRS but BM did!