Does court order go before the "child lived with me full time" for tax deduction?

[wallyworld]

Orignal order (from when she had custody and I paid support) still in place regarding tax deductions.  We alternate.  This is my year, Her's will be next.  Her mother pays NO support and barely sends her gifts for holidays.  She lives with me 10 out of the 12 months (the other two months she visits her mom in FL, but doesn't stay with her-stays with her grandparents).

Does the court order trump the "whoever has the child the most" card?  Will I have to take it to court to get the deduction and child tax credits?  I do NOT want child support from her as it would make my life much more difficult in the long run...

[Giggles]

So depending on if you want to open that can of worms, you probably should file to have the CO changed so you get the tax credit.  Just explain to Mom that you don't want support but that you feel it would be fair for you to get the credit.  If she refuses then you could always take her for the support...do you have an order giving you primary?

[wallyworld]

The order is confusing as to if it is temporary full custody or regular full custody- both IL and FL attorney don't know say judge could read it either way.  But she has lived with me for almost a year and a half.

[olanna]

who files first.  If you file first, you get the deduction.  If she can prove that she provided more than 50% support, you lose.

[KAT]

 There is a court order right? If you file next year w/the deduction all she has to do is send in a copy of that court order  for the IRS to award it to her. It doesn't matter who files first. It doesn't matter that you have custody more then six months out of the year. What matters is the court order. Been there, played this game for 10 years with DH's ex. If you want it changed file for a modification, but do it now so it's gets completed by years end...but by your last sentance, maybe, you know it's best to pick your battles. If your ex is like ours (was, it's over now) then you can just add that little tidbit in there during the next court battle.
KAT