Can I claim my son if my ex allowed me to?

[shponjoel89]

We have joint custody but we didn't go to court for it. Just a mutual agreement between us. He stays one week with me and one week with her. It's been like that for years. I heard that i need proof that he lived with me for 6 months minimum if i want to claim him. The truth is he has, but school records, medical records etc, are all under his mothers address. So what am i supposed to do to claim him? Do i really have to send proof he lived with me? Any help would be great thanks.

[DanielV01 · Accepted solution]

It depends.  You don't need to send proof with the return.  However, you will need to have it available if the IRS asks for it, which is likely.  And the paperwork doesn't sound like it's in your favor.  So, what is better is for your ex to sign you a Form 8332, (release of exemption).  This will allow you to claim your son as a dependent, and receive Child tax credit.  Your ex will still be allowed Head of Household, Child and Dependent Care Credit, and Earned Income Credit on her return.  Not as many benefits, true, but a lot less risk that the IRS questions the return, you don't have adequate proof, and then you lose even the benefits you've claimed.

[shponjoel89]

Thanks that was the answer I was looking for. Oje more question, how would i obtain this form 8332 and once she signs it, do i send it at the same time i file my taxes or do i mail the form before I file? Thanks again.

[DanielV01]

If you go back through the Personal Information section regarding your child, answer that the child was with you 6 months, but not seven.  It asks you if you are being allowed to claim the child, and if you need Form 8332.  Then, when you file electronically, you will be provided Form 8453, which is attached with Form 8332 for e-filers.  This way you do not need to send a copy of the entire return.  You will be able to e-file,  but try to send in the Form 8332 attached to Form 8453 within a week.