Divorced parents with children, tax question..?

My ex and I have two dependent children together. It was in our divorce agreement that we each claim one child for our taxes every year. We have joint custody and she has primary placement. Last year was the first year we filed apart. We both go to the same place to get our taxes done. My ex claimed both our kids for the EIC child tax credit, because the tax preparer told her to (because she has primary placement). I went to the same place and told the accountant that it was in our divorce agreement to each claim one child, and the women said %26quot;that it doesn%26#039;t matter, she gets to claim them both.%26quot; Anyone know if that is true that she can claim them both even if it%26#039;s in our Divorce Agreement to each claim one? What would happen if we both claimed our children for the tax credit? I%26#039;m thinking of claiming them both since she did it to me last year....

Divorced parents with children, tax question..?

OK, I speak from experience on this one, so hear me out.

DO NOT claim them this year!! (without making sure you are the only one claiming them) Either get your taxes done at the same place at the same time, or forget it. Legally the custodial parent claims the kids. However, if it IS documented in your divorce/custody papers that you each claim one child, then you need to take a copy of that order to the tax place. There is nothing preventing her OR you from claiming one or both the children. But, if you claim them this year, and she does as well, you find yourself faced with an audit. They will require doctor%26#039;s records with YOUR address, school records, day care records and anything else they ask for in order for you to get your tax refund. If your ex has her address listed on all or even one of these documents, you will get nothing for your time and trouble. This is the biggest pain the butt. I was audited for 4 years in a row. I am the custodial parent, and it was never agreed that we would each claim one, but every year my ex-husband would claim one of the kids (randomly, without telling me which one) and I would get audited every time. The kids were too young to be in school, so all I had to go on was Doctor and day care records. But because he provided health insurance, he would change the address at the doctor%26#039;s office and get a printout, and it prevented me from getting my EIC every year!