715017
You'll need to sign in or create an account to connect with an expert.
No. You still need her permission.
The IRS goes by physical custody, not legal custody. 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. 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. https://www.irs.gov/pub/irs-pdf/f8332.pdf
A child can be the “qualifying child” dependent of any close relative in the household. If she lives with someone else, e.g. her parents, they can claim your child, before you can.
No. You still need her permission.
The IRS goes by physical custody, not legal custody. 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. 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. https://www.irs.gov/pub/irs-pdf/f8332.pdf
A child can be the “qualifying child” dependent of any close relative in the household. If she lives with someone else, e.g. her parents, they can claim your child, before you can.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
pritch5984
New Member
jimgol
New Member
heidiyin6
New Member
rrhcccc
New Member
glovermichelle97
New Member