@Diamondpr wrote:
Just for clarification...My ex is entitled to claim our son this year per court, he didn't once exercise his rights. Ex was absent for the whole year. If he decided to claim, which I'm sure he will, he will be able to file our son by providing proof of court order?
Just noticed you jumped into a long discussion involving several different people, and the facts that apply to them may not apply to you.
For a divorce order that was finalized before 2009 (12/31/2008 or earlier) the ex can claim the children according to the order, by attaching certain pages of the order to their tax return.
For a divorce order after 2008 (1/1/2009 or after) then the IRS goes entirely by where the child lived more than half the nights of the year. That is the only parent automatically entitled to claim the child as a dependent, and the other parent can't claim anything unless the custodial parent gives the other parent a signed form 8332 dependent release.
However, if you refuse to sign the release as directed in your court order, your ex can take you to court and make your life miserable. The court can force you to sign the release, and even throw you in jail for contempt until you sign, and the court can even do worse, such as to require you to sign the form for all future years, not just every other year. Before ignoring a court order, get competent legal advice.
