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Do i need my ex to sign IRS Form 8332 or anything like that if in the divorce papers is says we take turns claiming, or can i just claim her without extra paperwork.

Trying to avoid a fight about this if possible, as she's claimed her the past 2-3 years and it's supposed to be taking turns every year. Even bringing it up to her gives me chills, even though i should be able to claim her on my years (no back support)
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Accepted Solutions
Hal_Al
Level 15

Do i need my ex to sign IRS Form 8332 or anything like that if in the divorce papers is says we take turns claiming, or can i just claim her without extra paperwork.

Yes, you need form 8332, unless your divorce papers are dated before 2009.

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.

There is a way to split the tax benefits. For future negotiations with the other parent (and maybe even for this year) the following info may be of use:

 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.

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2 Replies
Hal_Al
Level 15

Do i need my ex to sign IRS Form 8332 or anything like that if in the divorce papers is says we take turns claiming, or can i just claim her without extra paperwork.

Yes, you need form 8332, unless your divorce papers are dated before 2009.

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.

There is a way to split the tax benefits. For future negotiations with the other parent (and maybe even for this year) the following info may be of use:

 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.

Do i need my ex to sign IRS Form 8332 or anything like that if in the divorce papers is says we take turns claiming, or can i just claim her without extra paperwork.

If she fails to comply with the court order then take her back to court for the violation. Compute how much she cost you in taxes to get compensation ordered.

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