@bryan0819 wrote:
Thank you @Hal_Al . I’m pulling out the order, but if I remember correctly it says that I pay $x per month, agree to carry health insurance if available, we have joint custody, and I can claim the child in odd years and her in even years. The tax provision does not read like it’s conditioned.
The child is not emancipated and won’t be for another two years. One thing I did want to clarify is that this is a child support order only. We were never married, so it’s not a divorce decree. It went through family court and the document I have is from the state. Same rules apply?
Post-1984 and pre-2009 divorce decree or separation agreement. If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. The decree or agreement must state all three of the following.
- The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
- The custodial parent won't claim the child as a dependent for the year.
- The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent.
The noncustodial parent must attach all of the following pages of the decree or agreement to his or her tax return.
- The cover page (write the other parent's social security number on this page).
- The pages that include all of the information identified in items (1) through (3)
- The signature page with the other parent's signature and the date of the agreement.
