I am primary custodial parent. Every year since divorce, my ex. ( I assume?) also claims children on their taxes. I usually send IRS copies of custody order proving I am indeed cutodial parent. This usually remedies the situation. I recently got a letter questioning tax year 2009. I sent in the same info I have for years but now they want more proof? They said that my custody agreement may have changed? Is it possible to get some kind of letter from an attorney stating continued validity of existing custody agreement and send to IRS? Is there a way to stop the IRS from questioning me every year?
Generally only the custodial parent is entitled to the child tax credit. The custodial parent can waive this benefit and give it to the non-custodial parent if they choose. For more specific tax advice, please consult with a tax accountant or tax attorney.