If you are convinced you are right, why bother asking here?
The tax advice is absolutely correct. The IRS will not award a dependent claim of the non-custodial parent without a signed form 8332 from the custodial parent. Everything else is a matter between you, your ex, and the judge.
Somewhere on this board, a year or 18 months ago, is a post from an ex-spouse who refused the sign the required waiver. The judge was so pissed that he required the ex to sign a waiver form right there in the courtroom, awarding the dependent to the other parent for ALL future years, and if the parent refused to sign, they would be hauled off to jail right that instant and stay there until they signed.
Judges have a lot of power, and ignoring the plain language of an order because you think you can play word games is a dangerous strategy.
In my city, we currently have a criminal defendant, accused of trying to buy shotgun while on parole, her parole specifically ordered that she was not to possess any dangerous weapons. She is trying to argue that an unloaded shotgun is not a dangerous weapon, and the charges should therefore be dismissed. Care to take bets on how that turns out?
In any case, this is between you, your ex, and the courts. Best of luck to you.
