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This is what old judgement said. In 2011 it was our turn and mother filed, taking all credits. We were told by IRS to file a paper return, and then it would be investigated and we could present our papers to IRS at that point. This year it would again be our turn to claim the child, but we just entered into a new order Nov with judge stating- The parties req clarification of which party would be designated to claim minor child for EIC, child tax, dependency exemp, and daycare credits. Court finds laws on who claims child governed by IRS and US code. The individ entitled to EIC is calculated on incomes of parties and type of contact each parent has with child to provide care for child. Court will not make any determination on who is entitled to any of the prior mentioned credits.Also says - Each parent shall abide by IRS regulations and US code with regard to who is entitled to the EIC, Child Ta, Dependency exemps, and daycare credits. If there is no ruling by IRS the parties may alternate the tax exemption for the chid with the mother getting the exemption for 2013. In 2011 we had 156 overnights mom had 209. In 2013 we had 176 mom had 189. Where does this leave us? One of us is going to wind up paying back IRS for 2011 and now apparently we cannot claim the child for our turn this year in 2013 either? We had a contempt hearing but no IRS documentation in 2011, so judge said he couldn't do anything without it. Will we now not be able to address the 2011 contempt issue in light of the new judgement, when it comes up with IRS?
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