[enigma77]

can u answer me something me n ex divorced in 2009 and paper says he claims 2 kids n I claim my son... but now he was given tempoary custody.. but we have court date in feb... I have paper work says I can claim my son... can my ex m=claim other kid even though we have court case coming up in 3 days feb 7... I did my taxes n I claimed my son.. I just doint want ex to claim him .

[enigma77]

Me and ex have been divorced 2009.and at that time paper work says I claim my son and he claims the girls.but I remarried and I relocated to orlando .for now he was given temporary custody.. coming soon feb 7 we have a court date to see who gets custody.I did my taxes and claimed my son.someone told me that if he didn't file the change with the IRS then they will go by what divorce decree says.

[ScottGem]

The parent who provides more than 50% of support gets to claim the child.

[AtlantaTaxExpert]

Actually, absence a divorce decree, the IRS gives the custodial parent the dependency exemption unless the other parent can prove support.

But the OP says the divorce gave her the exemption for the male child, so she should be okay.