Dependent claiming

[Rcanann10]

So my child’s father and I have an agreement thru the courts which just went into affective November 2019 on November 28th. Now it wasn’t an agreed upon agreement and it’s a legal process which is currently being disputed. In the court documents it states father is the claim child for 2019 alternating every other year. Well since my son has resided with me all of 2019 until November 28th of 2019 I was advised by my lawyer to claim my son on my taxes and even tho his father will file contempt of court nothing can legally be done other than some fees strictly because he did reside with me the entire year until November 28th 2019 and even after the court order he resides with me 56% of the year and his father 44% of each year. I have never received any child support or medical for my son since he was born. I just recently started receiving Child support in Jan of 2020 for the first time in almost 2 years. I guess I’m just wondering what’s the worst that can happen because technically him claiming him would not be correct because he did not provide him with a single thing all of 2019 nor did he reside with his father nor have any over nights with his father until November 2019. 

[KrisD15]

The courts can have you sign Form 8332 where every other year (or however the courts order it)  the non-custodial parent claims the child's exemption, which for 2019 is zero and can claim the Child Tax Credit. 

The Earned Income Credit, Child and Dependent Care Credit, and ability to file Head Of Household can never be given to the non-custodial parent. 

About form 8332

[Duke2]

You can go onto the IRS Website (irs.gov) and print Release/Revocation of Release of Claim
to Exemption for Child by Custodial Parent it's form 8332.  We had to do this with my son and grand daughter

her mom wanted to claim her but my son had her more than half the year so she could only claim a month or two and he took the rest. But you do need that release.  Good luck