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The IRS allows the exemption to the custodial parent (the one with whom the child stayed for the most nights during the year), regardless of what your divorce agreement says. The noncustodial parent can claim the exemption if the custodial parent relinquishes the exemption by signing Form 8332 or a similar document releasing your claim to the exemption.
If you go against your divorce agreement, the IRS would allow you to claim the exemptions, but there may be repercussions from a legal standpoint that we can't address here.
The IRS allows the exemption to the custodial parent (the one with whom the child stayed for the most nights during the year), regardless of what your divorce agreement says. The noncustodial parent can claim the exemption if the custodial parent relinquishes the exemption by signing Form 8332 or a similar document releasing your claim to the exemption.
If you go against your divorce agreement, the IRS would allow you to claim the exemptions, but there may be repercussions from a legal standpoint that we can't address here.
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