8332

Forum|Forum|5 years ago
January 13, 2021
1 reply
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My ex is insisting I provide him a form 8332 for the last 6 years. I have claimed them every year and now he wants me to provide him back years. My children live with me 320 days a year and I am very low income. I am unsure how he can request past years when the children live with me and have always lived with me.

Not A Product Question

DoninGA

Level 15

He cannot. You need to speak with your attorney.

sunshine rainbowsAuthor

Level 2

I understand that. Our decree states he gets one and I get one child. When I spoke to the IRS they told me that he cannot claim them because they live with me more than the 6 month time frame. Is it because the years he is asking are too old or? What rule takes precedence? Decree on the county level or Federal IRS law? Sorry to ask so many questions. My attorney for my divorce is trying to look into it.

DoninGA

Level 15

@sunshine rainbows wrote:

I understand that. Our decree states he gets one and I get one child. When I spoke to the IRS they told me that he cannot claim them because they live with me more than the 6 month time frame. Is it because the years he is asking are too old or? What rule takes precedence? Decree on the county level or Federal IRS law? Sorry to ask so many questions. My attorney for my divorce is trying to look into it.

Whomever the child lives with for over 6 months of the year is the custodial parent. The IRS only cares about who was the custodial parent when determining the dependency of the child on a tax return.

If there is a court order requiring you to provide a Form 8332 to your ex for certain years to claim the dependency of the child then you are obligated to comply with that order.