I am the custodial parent and have always claimed the children. The non custodial parent gets less then half a year of visitation and has refused to pay court ordered fees for school, insurance, copays and more. This year 1 child ended up residing with non custodial parent around 50% of the year despite court order not allowing this (refused to return child, in contempt, going to court for this)
My question is who gets to claim the child then? I am still paying all fees in full and non custodial hasnt paid their half. If both of us claim child and later on in the year irs sends us both a form saying child was claimed twice and 1 needs to amend it, and both refuse, then what does the IRS do? Who is considered the 1 allowed to claim dependent? The parent with the court order stating they are the custodial or the non custodial parent who claims they had child for 51% of the year.
