Dependent exemptions and divorce agreement

[spyderdezigns]

What is the name of your state? Indiana
Our problem is this: The ex claimed the two oldest children last year (2003) and then has filed to claim them again in 2004. We provide 95% of the support for all the children and they live with us 90% of the time. What do we do? Is he in contempt? Below is a copy of what her agreement says about this subject:
Under a divorce agreement the father shall have the right to claim (2) oldest (twins) of the parties for Federal and State tax exemptions in odd numbered years so long as he is current in his child support obligations and Mother shall sign any documents to accomplish the same . In even numbered years the Father shall have the right to claim the youngest child of the parties for Federal and State tax exemptions so long as he is current in his child support obligations and Mother shall sign any documents to accomplish the same.

 

[Snipes5]

As of last year, he can't claim any of the kids without a signed form 8332 from her. Per the agreement you listed, she is required to give him that form for the years indicated, otherwise she will be in violation of the order.

File your return, claim the kids that are yours for the 2004 tax year, and try to file first, and efile if you can. If not, you will have to file on paper. When you do so, include documentation showing that you are entitled to the exemption for the 2004 tax year.

Snipes