My ex claimed my daughter when she wasn’t supposed to. What can I do about this?

[zbiggboy]

Per our divorce decree I am to claim our daughter. When I filed my taxes I was notified that she was already claimed. I called my ex and she confirmed that she did despite what was in our divorce documents. 

What can I do?  Or am I just screwed?

[Vanessa]

Who has physical custody of your daughter?

[zbiggboy]

She does, but I have the right to claim her per the court order

[Vanessa]

If you are not the custodial parent, regardless of what the court order says, your ex would have to sign form 8832 to allow you to claim your daughter.

 Post-2008 divorce decree or separation agreement. The noncustodial parent can't attach pages from the decree or agreement instead of Form 8332 if the decree or agreement went into effect after 2008. The custodial parent
must sign either Form 8332 or a similar statement whose only purpose is to release the custodial parent's claim to an exemption, and the noncustodial parent must attach a copy to his or her return. The form or statement must release
the custodial parent's claim to the child without any conditions. For example, the release must not depend on the noncustodial parent paying support.<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p501.pdf">https://www.irs.gov/pub/irs-pdf/p501.pdf</a>

[Hal_Al]

Your only remedy is to take the ex back to court for sanctions.

For a full discussion and options, see a similar question at https://ttlc.intuit.com/questions/4469960-i-have-a-legal-agreement-in-divorce-papers-on-claiming-my-...