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bchovey
New Member

Do I have to sign anything to let my ex-wife's husband claim my child for the tax credit? Per legal agreement we claim on alternating years. We both remarried last year.

The divorce agreement states that we can claim the child tax credit on alternating years. This current year is her year and she wants me to sign a form saying her new husband can claim. Is this necessary? I am not claiming the tax credit per our agreement, I would assume she is fine to claim it without any additional hurdles.
1 Reply
Rachel_W
Level 4

Do I have to sign anything to let my ex-wife's husband claim my child for the tax credit? Per legal agreement we claim on alternating years. We both remarried last year.

If your Ex-Wife was the "Custodial Parent" of your Child during 2017, you will not need to sign anything or jump any additional hurdles.  The IRS defines "Custodial Parent" as the parent who has custody of the child for the greater portion of the year, even if only by 1 day. 

However, if you were the "Custodial Parent" during 2017, you will need to complete Form 8332 in order to release the Child's Exemption to your Ex-Wife (and her new Spouse).  She will attach this Form 8332 to her Tax Return.

Keep in mind, the Child Tax Credit can only be claimed by the Parent claiming the child as a Dependent on their Tax Return.  For more information about the Child Tax Credit check out the TurboTax FAQ below:

https://ttlc.intuit.com/replies/3301702

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