@needtaxhelp21 wrote:
I am not sure the other parent even knows what a Form 8332 is. I am not refusing it but I don't think it's my job to tell him what he needs in order to claim the baby. He hasn't contacted me at all since the before the baby was born so I don't even know if he's even thinking about claiming her.
Thank you for all your help!!
OK, last comment.
Just to note, if you claim the child as a dependent as if the child lived with you all year, and you e-file, and then the other parent asks for the form, you would have to file an amended tax return to change the child's designation and pay back a significant part of your tax refund.
Also, if the other parent claims the child as a full dependent, as if the child lived with them, several things will happen. Firstly, whichever parent tries to e-file second will be blocked and will have to file by mail. Secondly, the IRS will launch an investigation, this usually take 9-12 months. Whichever parent has to repay their tax credits will, by then, owe interest and penalties in addition to the tax repayment. Then third, if the IRS issues an adverse ruling against the other parent because they don't have the form, which then causes the other parent to complain to the family court, I don't know if the court will accept "I waited to be asked" as an excuse for why the other parent suddenly owes interest and penalties to the IRS. Just because they don't ask doesn't mean you shouldn't do it.
In my opinion, if the order says you will give the form, you should give the form. Keep a photocopy or photo as proof. If the other parent doesn't know what to do with it, that's their problem, but if you don't give the form at all, that could end up being your problem. Again, take advice from your attorney.
