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OK, here's the scoop.

Ex and I have been divoced for 4 yrs. In the beginning, I gave him the kids' deductions in exchange, he gave me the difference it would have made in my taxes.

Somewhere along the line, He got me to sign something (yes, a legal binding document) saying he gets the kids' deductions forever and ever.

I realized what a difference it would make in my taxes this year and got pi$$ed. I have the kids 95% of the time, buy all clothes, school expenses and activity fees, why should he get the deductions? A friend told me it doesn't matter to the IRS what is signed... the only question they will ask is "who do the kids spend more time with" and that person gets the deduction.

So I took them all last year. He was well aware of it because I told him I wouldn't sign the... whatever form... to give him the deductions.

It was brought to my attention... not by the IRS... that he also claimed all 3. He makes 100k+ per year.

Do any of you have any experience here? I was told lower courts will not rule on the IRS.

Should I re-file? File a correction or wait for them to contact me? If it matters, I am a W-2 wage earner with income less than 30K per year.

T

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