@daniellebarratt2337 wrote:
there is a new custody order in place and it doesn't mention anything about who gets to claim what kids. The mother has claimed them 3 years in a row and the father mails in his paper return. The father always get his return and I'm guessing the mother is still getting it as well. Because she keeps doing it every year.
If the father claim all 3 kids and the IRS investigates, and the mother shows an old order and the father shows a new order, the IRS should really ignore both orders and go by physical custody. Then it comes down to what happens if the mother complains to the family court judge that the father is violating the arrangement in the old order. If the judge agrees with the mother, the judge can make life miserable for the father. But that's up to the judge and maybe your attorney to advise you, on whether the more recent order completely cancels and negates the income tax part of the old order.
Note that because the IRS will not follow the court order if an investigation is done, you will want other proof that the children lived in the father's home. The IRS especially likes letters from reliable third parties sent to the father's address showing the children live there. Like letters from doctors about appointments or test results, letters from school districts about grades and bus routes, and other things like that which show the children live in the father's home most of the time. Photos of birthdays and family activities, social media postings, and other things may also help prove where the children live.
