ou have the right to file. He does not. If both of you file, then the IRS will investigate. If he gets a refund, then he will owe it back. He can be charged with tax fraud. You should just be very clear with him that you intend to claim your children until they reach the age of majority. It does not matter if he is paying child support. You still get the deduction.
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Even though you are entitled to claim them because they live with you most of the time, you can waive your right to claim them so he can. You would need to file an IRS Form 8332.
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I agree with the prior attorneys comments. For more details on this issue please look at my legal guide here entitled DIVORCED OR SEPARATED PARENTS: DETERMINATION OF DEPENDENCY EXEMPTION at the following link: http://www.avvo.com/legal-guides/ugc/divorced-or-separated-parents-determination-of-dependency-exemption
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Since he does not have your permission and there is no court order stating that you are to allow him to do it, then I suggest you go ahead and file and claim the children. If he claims them also, this will trigger an audit and you will be asked to prove that the child lives with you the majority of the time. This shouldn't be a problem for you to prove.
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