topic If the custodial parent will not sign a 8332 but it clearly written in divorce papers, can the return be filed using divorce papers instead of 8332 in Get your taxes done using TurboTax

If the custodial parent will not sign a 8332 but it clearly written in divorce papers, can the return be filed using divorce papers instead of 8332

cathleen-goble — Tue, 04 Jun 2019 20:03:10 GMT

Only for divorce orders that are dated in 2008 or earlier...

Opus 17 — Tue, 04 Jun 2019 20:03:12 GMT

Only for divorce orders that are dated in 2008 or earlier. For a 2009 or later divorce, the IRS will not honor the divorce order, only the form 8332. If your ex won't sign it, you may be able to take them to family court and get the judge to order them to sign, or be fined or held in contempt.

Frankly, I would rather negotiate a $2000 reduction in child support every other year; that way you get the same benefit without needing the other parent's cooperation.

Yes, but only if the divorce decree went into effect afte...

TomD8 — Tue, 04 Jun 2019 20:03:15 GMT

Yes, but only if the divorce decree went into effect after 1984 and before 2009.

If the divorce went into effect in 2009 or later, only form 8332 will suffice. If the custodial parent refuses to comply with the divorce agreement, the remedy is to contact your attorney. The IRS does not enforce divorce decrees.