DearCustomer- This depends on the language of the child custody order as to who gets the deduction. In order to change the order you would have to file a motion with the court assuming the order gives the custodial parent the right to take the deduction. Most courts will allow the deduction to be taken by whoever it can benefit the most so that it is not wasted.
She can't but if the order says that she gets the deduction you could have a problem if you make the claim without changing the order. I'm just trying to protect you. You can go ahead and claim the deduction but it could be a violation of the child custody order.
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