I was granted my divorce in RI. We recently went to court in NC for modification of custody. The new order states that all previous orders are null and void. I told my ex that this applies to the previous order that states he is entitled to claim the children on his taxes. He is the non custodial parent and I believe that I am now entitled to claim the children. He contends that that portion of the old order still stands. Who is correct?
If the new order overrides all previous orders, it would seem that you are correct. You should claim the children on your taxes, and when he does the same, let the IRS figure it out. It will delay any tax return you may be due, but once they see the paperwork, they will agree with you and accept your return.