I let ex hub claim our son every other yr with a notarized agreement (not 8332 form). Can I reclaim my son every yr moving forward? He’ll refuse to sign/send form 8332!

[TreeLover]

I had to change my name on this Q&A don’t want him to know it’s me. He uses turbo tax too. He scares me....apparently. Thx again! You’ve been super helpful!

[TaxGuyBill]

Back up a second.  I'll re-post one of my prior comments:

So it is NOT just a Notarized Document.  It is a document sent to the Court to modify your legal agreement.  That changes things.

That seems to be a legal document for 'other' legal purposes (divorce/family court).  That means two things:
(1) That probably does NOT allow your husband to claim the child for TAX purposes (it doesn't seem to fit the requirements to replace Form 8332).  Strictly for tax purposes, you would get to claim him every year.
(2)  However, it also gives your Ex full right to bring you to 'family' court and the Judge would demand that you give the Ex Form 8332 (assuming you don't negotiate a change these legal documents).  So it seems to be a legal document that REQUIRES you to give your Husband Form 8332, which allows him to claim the child.


So (1) you hypothetically don't need to revoke 8332, because that document shouldn't allow him to claim your son, and (2)  If you do fully claim your son (the exemption and Child Tax Credit), it appears you will be violating Court documents, and your ex can ask a Judge to MAKE you sign Form 8332.

[TreeLover]

TaxGuyBill, whoa! So you’re saying I’d be violating the agreement if I moved forward with an 8332 revoke? I’d have to take him back to court to establish/request to claim my son every year moving forward? The original divorce paper said father claims child dependency exemption (2009) THEN I filed our personal drawn up notarized statement requesting I get ever other year (2013). So now I have to fight him in court in order to revoke that and make it so I can claim son every year moving forward otherwise I’m in violation? Did I understand that correctly? Yikes!

[TreeLover]

Sounds like this will work against me, I should just leave well enough alone I guess.

[TaxGuyBill]

Yes. If court documents say he can claim the child, you are violating the court documents if you claim the child.

As was mentioned, those court documents can only give away the exemption (dependent) and Child Tax Credit. You can still claim EIC. If your Ex tries to claim EIC, then you still need your journal to show the child lived with you more than the child lived with the Ex.

[TreeLover]

Apparently I’m getting confused and overwhelmed....haha! Oh my! Sigh! I think I screwed myself telling him he could have every other year...I should’ve went with every year even though divorce papers originally said he gets the child dependency exemption. I wish I could attach a photo....

[TreeLover]

Ok good! So yes he literally can NEVER take my EIC! That’s good news!!!!!!!!! Sigh of relief!!!