@needtaxhelp21 wrote:
Did one of you sign a Form 8332?_________ No, the court did not order an attachment of Form 8332 to the "Judgement of Paternity" papers, nor have either one of us sign one. The court papers we received do state that the custodial parent (myself) is ordered to timely sign and forward to the noncustodial parent an IRS form 8332. Which I have not done yet.
Also note that if you do sign the waiver, you should still enter the child as a dependent in Turbotax, but indicate "yes, I will give the other parent a signed form 8332". Since the child lived in your home, you may qualify for earned income credit and head of household status even if you waive the child tax credit. EIC and HOH can't be waived, shared or transferred, even by court order, they always stay with the custodial parent.
Form 8332 is here. If you release the dependent, the other parent will be required to send the original signed form 8332 to the IRS within 3 days of e-filing. The other parent must indicate in Turbotax that the child did not live with them more than half the year, and they are only claiming the child because of form 8332. The other parent can claim the child tax credit but can't claim EIC or HOH unless they lie and say the child lived with them (if they do this, the IRS will investigate.)
Here is the form,
https://www.irs.gov/forms-pubs/about-form-8332
If you refuse to provide the form to the other parent, they can go back to the court and ask the court to take action against you. Some actions the court could require include making you sign the form in court (or be tossed in jail for contempt), or reduce the child support payment, or modify the custody order. Courts have a very wide latitude when it comes to enforcing their own orders. You should not refuse to sign the form unless you have a good attorney.
