I know federal is different from a decree. I had my kids 195 overnights in 2017. Do I need to fill out the form for my ex even though the decree says she has to for me?

scott-ryder · ‎June 4, 2019

Our decree says that in order for me to claim my daughter as a dependent that her mom needs to fill out from 8332 for me even though she had more overnights with me.

MarilynG · ‎June 4, 2019

If she is the custodial parent designated in the divorce decree and agrees to let you claim them as Dependents on your return, she can fill out form 8332 stating that she is giving you the right to do so.

However, only the Custodial Parent has the right to claim Earned Income Credit (if qualified).

Here's some info about splitting child credits and Form 8332 that may help you:

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View solution in original post

MarilynG · ‎June 4, 2019

If she is the custodial parent designated in the divorce decree and agrees to let you claim them as Dependents on your return, she can fill out form 8332 stating that she is giving you the right to do so.

However, only the Custodial Parent has the right to claim Earned Income Credit (if qualified).

Here's some info about splitting child credits and Form 8332 that may help you:

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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I know federal is different from a decree. I had my kids 195 overnights in 2017. Do I need to fill out the form for my ex even though the decree says she has to for me?