Divorce decree ordered alternating years on taxes.
Ex has not paid support in over a year, since my son turned 21.
My son has lived with me full time and commutes to college where he is a full time student.
Both parents pay 1/2 tuition. Ex has son on his insurance.
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The IRS does not enforce local court orders. If you provided over half of his support for 2018 and he otherwise qualifies to be claimed as a dependent, you can claim him.
as stated the IRS will send notices to both asking to amend. if no one does, next comes a letter from IRS asking each to prove they are entitled. then the IRS makes a decision based on what is submitted. the one qualified keeps the dependent the other gets a bill. based on what you have provided, you should get the exemption. there is no way to prevent your ex from claiming even if he isn't entitled - happens 1000's of times each year.
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