Question about taxes

[neutron11]

WA state. According to child support order, DH is to have child tax credit every year. Last year, DH did not ask for tax break because BM begged him not to and she needed the money but this year we are in need of that money and want to ask for the tax break. Parenting time is 70/30. We know BM needs to sign tax form in order for DH to ask for the break but we know she won't do it. Can we file taxes without the signed form? What would happen if she also declares child as dependent in her taxes? Would DH still get the break even though according to IRS it should go to the parent with more parenting time? Thanks!

[ocean]

If you have a court order stating your dh gets yo claim child, then file first. File on the first day online. If it gets questioned then show court order. When she files child after you, hers will be kicked back and she would have to show proof. You could send her a quick email saying "according to court order you will be taking tax exemption this year" then ignore her rants or send same email again.

[neutron11]

yes, we were thinking of doing that but what I'm concerned about is that if the IRS is going to care that we have an order granting DH the credit even though child didn't live with him for more than 50% of time. If IRS asks her to prove, she can readily claim child is with her for more than 50% of time and then we would need to return our taxes back to her, even though we have a court order. maybe I'm just stressing over nothing but DH doesn't want any problem with IRS

[MixedBag]

As far as I know.....in the long run, court orders rule.
 
Many of the examples, or much of the guidance is for situations where there is no court order.