So you receive 1k per month in CS, but claim them on your taxes?

Federal law says she only gets to claim them if CS is current at the time of filing. Just in case that helps you.

Yup, I've had experience. My DH's CO states that he claims one (as long as his CS is current), she claims one. She also is required to sign an IRS form every year (can't remember the number, but it's a release to claim a child).

Last year we received notice from the IRS that the child we had claimed on our taxes was also claimed on someone else's (guess who's). Apparently she has been doing this since their divorce 14 years ago but it just now got caught because my DH never e-filed before he met me.

We didn't get "audited" per se, although I bet we secretly did.... because then surprisingly they found a $35 discrepancy in our taxes and sent us a bill (which has never happened before). She, on the other hand, was found out and they went back and reviewed all 14 years of her taxes (and my DH's, which all had the form attached, signed by her, that clearly stated she would NOT claim said child on her taxes as the child was being claimed on DH's) and sent her a lovely bill for the overage, plus interest, plus penalties.

I would highly suggest you get something in the CO, and get that form. I believe the other option that is given is instead of the form, sending a copy of that section of the CO every year stating who claims who.

In our case the mediation agreement says that GG can claim "at least one" child.

There are three skids, so the Behemoth has interpreted this literally to mean that she claims two and GG claims one. Even though GG pays and continues to pay non-arrears CS of $1000 a month on a $15 an hour salary.

And that is the LOWEST he's ever paid. No attorney will touch this for a change to odd/even claim years b/c the Behemoth is practically the mayor of her small town AND she has a "hi-five" relationship with the CS Magistrate in her county.

I'd get EVERYTHING in writing if I were you. Back in 2007, the Behemoth raided all three skids' college funds without telling GG and failed to claim it on their last "joint return." She forged GG's siggy and then TRIED to stick him for taxes, interest and penalties on the money that SHE stole. Fortunately I was there to keep GG from being further sodomized sideways. He actually was going to roll over and pay it (read: wanted ME to pay it as he has practically zero money left over after CS and taxes are taken out)

It is in DH decree that he gets SS and she gets SD. You need to have a modification added. Also, get a tax attorney to help you, because now they can look at everything.

BM is such a financial mess and ruins everything that she touches that Dh owes $10k to the IRS and $3k in state taxes. She has and has had a warrant for issuing worthless checks since 2003! We told everybody about it and nobody does anything about it. We've had to borrow $17k to pay atty fees, court costs, and evaluation fees so the interest just keeps growing. I've been told to write a hardship letter explaining that we have not been able to pay it. DH's mother has cancer and we help her with her bills in addition to paying EVERTHING for SS. Our return last year was automatically applied to the debt. For some reason we got a letter addressed to her from the IRS (she has never lived here) saying that her return was applied to the debt. Money is a big deal to her. If you want to hurt her, hit her wallet (not her son, her wallet). We smiled when we thought of how upset she must have felt to miss out on her return.