<prompt> Human: My sons mother claimed him last year on taxes and she didnt split anything with me. I wouldnt mind if this money was going towards my son but out of the 5K she got back, none was placed into his savings and she ended up getting a new car in the same time frame.Ive told her that Im claiming him on taxes this year and shes tried every excuse as to why I shouldnt. Females get more money back let me claim him and we can split it. Etc etc.Based on the past, I cant trust that she will keep her word. Ill be getting an attorney to set up a parenting plan with taxes include to avoid this in the future but Im afraid she will try to claim him before I am able to get my W-2 back.QUESTION: Canshould I use my 2015 w-2 to fill out taxes for 2016 only to lock in taxes so she cannot claim him, and then file for a tax amendment when I get my w-2?  <response>: You can claim him even if she does, you just cant file electronically. The IRS will notice and whoever claimed him incorrectly will need to amend. If neither of you correct it, then the IRS will investigate and you may need to prove you are the correct person to claim him. The IRS isnt going to care who filed first.Gender has nothing to do with taxes. 