My ex and I both claimed our child on taxes?

Full custodian, single father not claiming dependent child for TAXES - ex claimed deduction first?

• Single father has full legal custody, guardianship, and decision making authority of a young child, per Colorado court docs. Mother has visitation rights 3 nights out of 14, child has lived with the father for over 2 years in this situation. Father claimed the child as a deduction in 2006, but mother e-filed early and claimed deduction in 2007. Mother thinks this is her right - every other year to claim child. No alimony, mother pays father $480 / month support – is current; of both households income Dad is 60% and Mom is 40% to the whole. The seperation orders / stipulations do not mention the yearly child tax deduction! No written agreement for flip-flopping years exists. 1.Lawer suggests allowing a yearly flip-flop in the effort of maintaining peace. 2.OR the father could submit taxes via mail, with child claimed as a deduction, and prepare for audit, dependency proof tests, and general hostility. Question is: what is advised in this situation? Pro / Con?

• Answer:

  If the mom pays that much in child support, she should be able to claim sometimes; my ex and I take turns claiming for our child, and he pays less than half that.