Dependent question: IRS law vs. Family Court order

[mwjw]

What is the name of your state? Wyoming

My DD lives with me. Her father has the right to claim her according to our court papers.

I have asked exH to let me claim her for this tax year. He said no.

I am the custodial parent and she has lived with me all year. Do I have to abide by the court document or can I claim her as the IRS laws superceed any family court decisions?

There is a very valid reason for this and would not ask my exH if it truly wasn't needed. Any information would be appreciated. Thank you.

 

[Snipes5]

It depends on what the court document says. And if the NCP is legally entitled to the exemption, the court will not look kindly on your refusal to abide by it. So the IRS may allow it, but you could find yourself in front of a very angry judge.

Snipes

 

[abezon]

Unless the dependency is conditional (usually on support being paid in full by 12/31), you have to let ex claim the kid. If the condition was met, you have to let the ex claim the kid. If you refuse, the ex can haul you into court on contempt proceedings. The judge will listen very impatiently to your excuses, then order you to sign the 8332 or go to jail. Then the judge will order YOU to pay your ex for his court costs/attorney fees.

 

[Michigan Mom]

You have to follow the court papers regarding the dependent exemption, but if your daughter lives with you for more than 50% of the year, you are entitled to file "head of household" which have very favorable benefits for you. You do not have to claim an exemption for this benefit.