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Which of you is actually the custodial parent? (The parent with whom the child lives for most of the year)
And is the child that you have physical custody of the one that you are allowed to claim according to your divorce decree?
Summary of Children
Child 1 - 18 in college - Mother is custodial Parent
Child 2 - 16 I am Custodial Parent
Child 3 - 11 Mother is custodial Parent
Child 1 & 3 Spent more than 6 months with their mother
Child 2 spent more than 6 months with me
Child 2 is my exemption per divorce papers (Marriage dissolution Agreement and Parenting Plan)
Executed by Judge on December 5th, 2008
Hello again 2009,
Thank you for the additional information.
As long as you are the custodial parent of child #2, then you have the right to claim that child. That is automatic. A divorce decree typically only sites an exception to that rule. In other words sometimes even though a child physically lives with one parent, the divorce decree may state that the non custodial parent can still claim the child. But in your case you are the custodial parent to begin with, so you have the right to claim the child unless the divorce decree said otherwise.
Since your former spouse already claimed all 3 of the children, if you now try to e-file your return would be rejected, as you already found out. What you will need to do now is file your return by mail and attach a statement explaining what happened here. It is too late to intercept your wife's refund, but once the IRS receives your return, they would notify your former spouse to provide support for her claim to the child, which of course she will be unable to do. At that point the IRS will send her a notice of the additional amount of tax she must repay as a result of her one exemption being disallowed and you would receive credit for the exemption.
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Thank you 2009
I sometimes have problems printing the pages from this forum, but what usually works for me is if you highlight the entire page using your mouse, then hit "print selected text" -- that usually works.
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Thank you for your prompt help.
Thank you 2009 and let me know if you have more questions.