rosepetal1986
Returning Member

Non custodial parent claimed child without form 8332

My ex is getting the Advanced CTC, my daughters stimulus, and has gotten her CTC every year for 3 years but has never filed form 8332. She lives with me, he has never taken her overnight & provides well under a 1/4 of her support of her care. Can I switch the CTC in the portal to me as I'm the custodial parent? Also, can I amend prior returns (within the 3 year window) to claim her as he never had my written permission via form 8332? I did check we had an agreement on turbotax but didn't fill out any form. I thought I had to because of the divorce decree but going back to get it fixed as he is in constant violation and it only stands that he claims her under the assumption he takes her according to the parenting plan, and as he has never taken her overnight, he definitely doesn't. So as far as I understand, IRS rules say he shouldn't have received anything for her without my written permission (form 8332) but he has for the last 3 years including the stimulus & now the advanced CTC & I just want to know if I can fix that. I get EIC for her as she lives with me but she hasn't counted as a dependent because of him claiming her. Sorry if this wrong forum.