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@Rachel14 wrote:

I never agreed to sign form 8332. Also my ex husband can’t claim a child without form 8332. Requirements are that he had a majority of the overnights according to IRS. The judge found me in contempt of court and said I was to allow my ex husband to violate federal law as she said he doesn’t need form 8332 to claim a child. I have filled out the identify theft form now as IRS asked me too. My ex husband doesn’t pay daycare costs only I do. The judge said I’m not allowed to write that off. I think the judge personally can be sued for her actions.


The IRS and tax law only cares which parent the child physically lived with more than half the year - that is the custodial patent.

 

The non-custodial parent CAN attach a court order to their tax return in place of the 8332 form if the custodial parent refused to sign it in violation of the court order.   The IRS does not enforce court orders, the court does.

 

What a local Court CANNOT do (legally) is override Federal tax law that says ONLY the custodial parent can claim the EIC and Child Care Credit because both of those require that the child physically lived with the parent.

 

The tax law for the Child Care Credit REQUIRES that the child care MUST be necessary in order for the parent to work and if the child does not live with the parent then the care is not necessary for them to work so it is not allowed.

 

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**