My question involves a child custody case from the State of: MN
My custody orders are outdated, early 2000's. that states we have 50/50 everything, no child support ordered for either party, and we get every other year tax exception. Since 2008, I have child 85% of the year, receive no support from other parent, I still have been doing the every other year tax deduction, and since 2008, every other year on my years to claim child I received an audit from IRS and just finished providing my paperwork from school, dr's, insurance, employers, that I am the custodial parent and have right to claim child. The IRS agents have told me under Federal law I have the sole right to claim the child every year if what I have said is true. So my question is can I do this even though our court order says otherwise. IRS says yes because circumstances of custody has changed and no support is given to me. Also, you should know the reason I got an audit for these years is because my ex who has child 15% of the time has claimed child every year and got the deduction first. So I am sure she will receive notification from IRS that she is in trouble of some sort, etc. Any advice for me? She could file for contempt of court, but she is also in contempt due the every year filing already?