I am divorced (1999) and have two children.My home state in Minnesota. In our devorce decree my former spouse and myself agreed that each one of us would claim 1 child for tax purposes. This has occurred without problems until taxyear 2008. This year , without any notice, my former spouse claimed both children leading to a rejection of my efiled return. One of my children has lived with me 7 months of the year, so it is clear that I can claim him.
My former spouse is advising me that she will file a 1040X for the previous years to claim both children rather than just the one that claimed as agreed upon in the decree. The children lived more than 50 % of the year with her in those years. Do I have to be worried that I have to repay for those years, even if we both filed according to what we had agreed upon in our divorce ?
In other words, if my former spouse files 1040X's for 2007,2006 and 2005 to claim a dependant that according the devorce decree I could claim, will the IRS look at "time spent with parent" or at the divorce decree ?
My former spouse is advising me that she will file a 1040X for the previous years to claim both children rather than just the one that claimed as agreed upon in the decree. The children lived more than 50 % of the year with her in those years. Do I have to be worried that I have to repay for those years, even if we both filed according to what we had agreed upon in our divorce ?
In other words, if my former spouse files 1040X's for 2007,2006 and 2005 to claim a dependant that according the devorce decree I could claim, will the IRS look at "time spent with parent" or at the divorce decree ?
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