Reply to Claiming deductions for kids post-divorce

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]it all depends on what their custody/child support arrangement says.  The risk is not so much being audited as being in violation of the family court order (if one exists--sounds like it does).  [/quote]

As I said in the OP, the order said she is able to claim two if he is in fulfillment of his obligations. He is not and there is plenty of documentation to show that he is not. The difficult part is that he was not notified by December 1 that she intended to claim the third child in recognition of this. As a result, I am afraid he will challenge her claiming the third by saying she never specifically notified him and thus he has claimed child 3. Given that December 1 has passed, there's no way for her to retroactively notify him. [/quote]

If the wording points to him not fulfilling his obligations, I'd file with the three deductions and not think twice. You say there is plenty of documentation. I would stop babying XH and move forward with filing my taxes. If and when there is notification from the IRS that he cannot claim them (that they have already been claimed) simply forward the pdf collection from that pile of documentation you have. Should he challenge in Court (and I've found that to be a threat I've always taken far too seriously), forward that stuff again.

The burden is on HIM to stay up to date with his obligations NOT on anyone to encourage him to be responsible.

DO NOT BE BULLIED.
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