@Critter wrote:
One more wrinkle ... the decree just says the non custodial parent claims the exemption in the odd years... it is possible that the custody (according to the IRS rules) could change every tax year depending on where the child lived during the year. If this happens then it is possible that the same person would legally claim the child every year.
For instance :
2018 MOM claims as custodial parent
2019 MOM claims as NON custodial parent
2020 MOM claims as custodial parent
2021 MOM claims as NON custodial parent
Yes. That is very common in divorce decrees - that is more usual then unusual.
As I posted above the custodial parent (the parent that the child physically lived more then half the year), must issue a 8332 to the non-custodial parent (where the child did not live more than half) if it is the year for the non-custodial parent to claim. Of course, if physical custody (where the child lived) changes year-to-year then the custodial parent would also change. As long as the parent where the child physically lived claims the child then no 8332 would be necessary. (That would be an unusual agreement, though, for the child to change the location where the child lives, year-to-year.)
**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.**
