ANSWERS: 5
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Unless the court says differently, the IRS is tired of being the 'judge' and has now decided that the custodial parent is the one where the child spends more nights! And the custodial parent gets the exemption unless he/she decides to let the other parent claim then via Form 8332.
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It's not a matter of opinon, you are by law. Don't listen to his b.s.
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The tax preparer must exercise "Due Diligence" in preparing the tax return. Therefore, questions will need to be answered. I recommend using a tax professional to file your taxes- they can represent you before the IRS. If the IRS has questions they will also listen to your tax preparer. He may claim the kids. And the Irs will accept his claim if his is first to file taxes. HOWEVER, you have the right because they lived with you. That is one of the questions that the tax preparer will ask and will submit the answers to IRS. You should be awarded the credit if the kids lived with you for more than 1/2 the year and you do not have a court order saying that the claims will alternate between both of you. Some tax professionals that helped me are Business Tax Center. They specialize in individual tax preparation. They were very helpful answering questions even when I didn't get my taxes done with them.
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honestly you both have the right but do to modern court system as long as you are a decent person the mother will keep the kids
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check with a tax lawyer!
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