Does the IRS have to abide by a court decision in the subject of child exemptions? Posted on February 21, 2011

I have a child exemption problem. Back in 2003 my ex wife and I signed a settlement agreement with the courts for our divorce. In the agreement it states that I shall claim our child as an exemption even though my ex wife is the primary care taker and head of household. Every year my ex claims our daughter because she claims she did not really know what she was signing and does not agree with it because as head of household she feels entitled to the exemption. I understand her line of thinking but I warn her every year that it states in the settlement agreement that I have that exemption. So she always files 1st and gets her return back then when I file the IRS holds my check because they notice that 2 parents have claimed the exemption. Then I send the agreement in and they release my check.

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