Let’s say you’re a working mom with three kids. Your ex just told you he claimed the kiddos on his taxes because he pays child support. There’s nothing in your judgment about this. What happens if you claim the kids on your taxes?
If you both claim the kids, the IRS may catch the “double deduct” and call both of you in for a tax audit. This could cost you a great deal of money and a great big headache.
On the other hand, the IRS says that the custodial parent has the right to the deduction under Section 152(e) of the Internal Revenue Code, so you will win the battle unless your ex can show that you signed a waiver of the deduction.