topic Can I send a copy of my turbotax return and divorce decree for claiming a dependent to IRS to correct my rejected return? in Get your taxes done using TurboTax

Can I send a copy of my turbotax return and divorce decree for claiming a dependent to IRS to correct my rejected return?

turboforrandall — Wed, 05 Jun 2019 01:42:29 GMT

No. That won't help. Why did it reject? Did someone el...

VolvoGirl — Wed, 05 Jun 2019 01:42:31 GMT

No. That won't help. Why did it reject? Did someone else already claim your dependent? Then you will have to mail y our return and let the IRS sort it out.

It was rejected because my ex claimed my daughter and my...

turboforrandall — Wed, 05 Jun 2019 01:42:32 GMT

It was rejected because my ex claimed my daughter and my divorce decree says I claim her and have every year since divorce. Can I mail the copy of my turbotax return and my divorce decree or do I have to physically fill out original IRS tax papers?

Do not include copies of you divorce decree with your pap...

Hal_Al — Wed, 05 Jun 2019 01:42:33 GMT

Do not include copies of you divorce decree with your paper filed return, unless it is dated before 2009. The IRS doesn't care about it and will not enforce it.

The IRS will not enforce your divorce decree giving you the right to claim the child*. The IRS goes by physical custody, not legal custody. The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. (without conditions - usually the payment of child support). Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f8332.pdf">https://www.irs.gov/pub/irs-pdf/f8332.pdf</a>

*Your only remedy, if she violates the decree, is to take her back to court for sanctions.

The IRS will not enforce your divorce decree giving you t...

Hal_Al — Wed, 05 Jun 2019 01:42:35 GMT

The IRS will not enforce your divorce decree giving you the right to claim the child. The IRS goes by physical custody, not legal custody. The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. (without conditions - usually the payment of child support). Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf

Your only remedy, if she violates the decree, is to take her back to court for sanctions.

You should be aware of one other thing. There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.

Ref: http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897 Scroll down to "Children of divorced or separated parents (or parents who live apart)"