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    duckhead6823's Avatar
    duckhead6823 Posts: 1, Reputation: 1
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    #1

    Feb 16, 2008, 11:59 AM
    Dependents on Tax Return
    In 2000, when I divorced my ex, the court ordered me to claim my oldest every year on my return and the second on the odd years. My ex claimed them this year and I wanted to know if she could override that court order? She did it before and I received my taxes but I don't know what's going on. Can you please help? Thanks! LG
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Feb 17, 2008, 09:43 AM
    You should claim them as your dependents in accordance with the court order. You should also include a copy of the court order with your return, especially if you are not the custodial parent, because the IRS will immediately see that two different people are trying to claim the same dependent, and unless you show them that you are the correct person they will likely disallow it. See Pub 501 - there's a section on what to do if 2 people try to claim the same dependent:

    http://www.irs.gov/pub/irs-pdf/p501.pdf

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