Under IRS rules, the custodial parent (the one the child lived with more during the year) has the right to claim unless they sign a Form 8332- which grants the right to the other parent. If you are not living together and the children lived with her, she can claim unless the pre-divorce paperwork addresses the issue- in this case you would have to go to the family court for an order to get her to change.
See Solved: My ex claimed our child, but our court order says ... Hal_Al provides a great explanation.
@Jespost
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
