Yes, a judge can make an order granting your sons father the right to claim him on his taxes every other year. Despite your custody, the judges order will govern who gets to claim your son on the tax returns and when. If you feel this is unfair or you think your sons father shouldn't claim him on taxes you should bring it up in front of the same court who granted the previous order. The IRS will generally try NOT to get involved in these types of matters.
Yes, a court can order that you relinquish the exemption to your son's father. To comply you will need to provide him with a signed Form 8332 relinquishing the exemption to him.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
And he pays support. So the judge gave both of you the right to deduct. Or you could offer to let him pay a little less support and you deduct every year. It is often something that can be worked out to the benefit of both of you by allowing the one who gets the most reduction in taxes to deduct, and adjust payments accordingly....
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
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