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if he claimed the child and submitted his return, when you go to e-file you may find your return will be rejected if he filed first. the rejection notice from the IRS will give a code that indicates this is the case.  ypu'll have to paper file.  if you were the custodial parent for more than 183 days, your ex can not legally claim the child unless you furnish him with a signed form 8332.  since you are both the child's parent, the support is not that either of you contributed more than 50% of the child's support but that the child did not furnish over 50% of his own support.