My ex-wife said that she planned on claiming my older daughter this coming year (2009). I have a Divorce Decree stating that I can claim my daughter until she is 18 years old. I have been claiming her now for 7 years. I have always recieved the tax incentives throught the last 7 years. Can she just up and claim her? I have the degree stating I can claim her. Also if she tried to claim her, would she be in violation of the law?
It is my understanding that the divorce decree over rides tax laws, so she would be in violation of a court order and have to repay the taxes. I'm not a lawyer, I have just been dealing with this type of stuff in my own life for the last 15 years. I would suggest going to the IRS's websight for more validation.