Hal_Al
Level 15

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The fact that you didn't get her until August, indicates that the other parent had her more than half the year. That gives the other parent  the right to claim the child, under IRS rules.

Even if you had the child more than half the year,  a court order that gives the other parent the dependent is still binding, on you, if not the IRS.  The IRS will honor your claim (unless the court order is before 2009). But, the other parent could take you back to court for sanctions, even if the judge could not award the other parent the dependent.