Claiming child as a dependent

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lhefel

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When our divorce was finalized 10 hrs ago, part of the agreement was every other year the childs father would be able to claim the child as a dependent on his tax return. I have to sign off on a document every other year giving him permission to claim his child as a dependent. Up until now, that's what we have done. Now, due the ex going through another divorce, he claims it's best if his child were not around at his place. Divorce settlement stated every other weekend visitation with him and rotating holidays, which does not happen, per his situation. He has seen his child for a total of 8 times in the past 12 months. He does not pay any money towards bills for her, school, etc.., as he is supposed to. Nor does he usually attend any of the childs school events. I don't feel that he should be allowed to claim the child as a dependent any longer, since he hardly ever see's his child. Do I need to go to court to have the divorce papers amended or is it enough to document the amount of (lack of) time he spends with the child, weekends he decides not to pick his child up, etc., and not sign off giving him permission to claim the child on his taxes.
 
If the decree says he gets to claim the child every other year, then he gets to claim the cihld. Visitation has nothing to do with this. A NCP is not required to utilize all his court ordered visitation. Is he ordered to pay anything outside of child support? Even if he is, you have to go by what the decree says. If you both claim the child, you both are going to get audited and the IRS is going to ask what the decree says, since the decree takes presendence.

If you want to take this to court you can but this can be seen as petty if the father is currently caught up on child support. If he has fallen behind a few months at tax time, then you MIGHT have a leg to stand on.
 
i am curious, when me and my ex got divorce. He got to claim 2 but just as a exemption but I think that he is getting the EIC because my return got kicked back, what can I do about that.
 
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