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Thank you. That helps alot.  I will file by mail and wait to hear from the IRS. I know that he(the father)  is not on the girlfriends tax return and he should according to our court order return the dependent back to me. Not a girlfriend.  I am hesitant to spend any of the money i will receive just in case but i certainly dont think i am the one in the wrong here.. in the future if he was to claim him will i have to sign the 8332 form in order for the father to use our child as a dependent? Or is the court order enough for him to file with?