We have nothing in any Court orders, court documents etc etc etc. stating my ex can claim my sons.
I am the Custodial Parent who is remarried now, I have my sons more nights where as my ex only had them 6 nights out of the month. My now husband supports my sons, my husband pays everything including the medical portion, even though my ex is suppose to. My husband and I file a Joint return even though I don't work ( because of medical reasons).
My ex also lives in another school district than where my sons go to school. I was told by a friend who is an account. That the only way he can claim them is if he has a form signed by me giving him permission.
Your accountant friend is correct. Absent a court order or your permission, primary custody gives you the tax benefits of your children.
I agree with the prior response. Additionally if both the father and you/your husband claim the children on the returns, IRS will then investigate. Based upon the information that you have provided, you will be allowed the deductions by IRS.
If the father files fist and claims your children, you probably will not be permitted to file online claiming your children, but you may claim the children on the return and send your return by mail. Then IRS will investigate.
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