Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation. I am afraid that the advice that you may have received may have been misleading
. Allow me to clarify.By default
, the IRS will convene a tax credit on an individual who satisfies the requisites of living with you the majority of the year, and you being responsible for them - see here
This is default. Often, the family court will dictate a decree where the parents share
the child tax credit, alternating the years. This is what has happened here. The IRS provides an exception to their default if the decree overwrites it.
So this is what has happened here. However, the issue is that the custody order that has been followed in the decree has been skewed. Even though you have been taking majority care of the child, the IRS would still be following the written decree
. The IRS does not know that you and he had an informal arrangement which really should make you the beneficiary.
What someone in your situation may wish to do is to file a Motion for Clarification
in the family court, and have the Judge issue a quick supplemental order that adjusts the decree and has you claim credit for the time that you ACTUALLY had the child, and also lay down orders as to what to do in the future if the custody order again becomes skewed by an informal arrangement.
Otherwise, between YOUR CLAIM and the DECREE, the IRS will go with the decree because that is what they have in writing from the Court.
I hope this helps and clarifies. Best of luck.
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