Claiming dependent

Forum|Forum|6 years ago
February 29, 2020
5 replies
22 views

Just recently got divorced in June 2019. I have 2 kids with my ex. We have joint legal and physical custody of our kids. The divorce decree says we each claim 1 kid on our taxes. My ex just recently got her taxes done and says she could claim both kids,because she has them 2/3 of the time and the new tax law ignores the divorce decree. I am saying I still am able to claim 1 child per the divorce decree. Who is correct?

Not A Product Question

DoninGA

Level 15

The IRS uses physical custody of greater than 183 nights in the home for the child to be claimed as a dependent.

You need to speak to your attorney if she is not abiding by the court order, this is a legal question that cannot be handled in this forum.

ZTaxPro

Level 5

Yes, the IRS will agree with your ex spouse because they are the custodial parent and you don't have form 8332 signed. You would need to get your divorce decree enforced to make her amend and sign the 8332 to release the child to you. The IRS will not enforce your divorce decree for you so it looks like you might have to go back to court.

jamesfe724Author

Level 2

We both have custody of our kids. We have joint physical and joint legal custody. We are both the custodial parents.

MaryK4

Level 15

As ZTaxPro said above, you must have your ex-spouse sign the Form 8332 to be able to claim the child. You probably will have to go back to family court if she does not do so willingly to enforce the divorce decree.

@jamesfe724

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