Taxes: UxBPDw claimed D15 as dependent against divorce decree

[RedPill]

Hi all,
I found out today that my tax returns were rejected because my UxBPDw claimed our D15 as a dependent and so did I. Problem is a) our divorce decree specifically states that I get to claim D15 in odd years. 2017 is an odd year. UxBPDw gets even years.

We have 50/50 custody. I have the higher AGI. I maintained the mortgage for six months after we split our finances but before she moved out. According to the IRS I would probably claim her, and according to the divorce decree it's my year.

But she knowingly or unknowingly already claimed her.

It will significantly affect my taxes if I cannot claim her. Not sure if it's worth it to drag the lawyers back in. Where to go from here?

-RP

[livednlearned]

Do your taxes the way the order is written, then send in a copy of the order with your taxes.

Same thing happened in my case, and I was able to claim my son as dependent.

Every year, I do my taxes as early as possible.

The person who files first doesn't have to deal with the additional paperwork.

 

LnL

[ForeverDad]

The IRS may prefer their Form 8332 but if you can never get the ex to sign it, then do as LnL wrote, include your documentation with your filing.  It will at least give you time to determine whether IRS will resolve it.  Next time you're in court or consulting your lawyer try to get the lawyers to have a proper 8332, if appropriate, completed and signed.