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You will sign Form 8332 and give it to the other parent. Fill out only Part 1 indicating that you are releasing the claim for this year only. You will do this again for each future year when you agree to allow her to claim your child.
Thank you. Would I file Form 8332 as well? Turbo tax asks "Is the other parent claiming child per your legal agreement?" Would I say yes? The discussion between my ex and I about this is only verbal so it is not per our legal agreement (court order etc.) ...
No, it will go with the noncustodial parent only. You, as the custodial parent are giving written permission to the noncustodial parent allowing them to claim your child. You can decide each year what you choose to do.
Yes, you will select that the other parent claiming your child per your legal agreement. You will see the notation about Form 8332 and you can click the link.
For each year, only the person who has physical custody can automatically claim the child. The custodial parent can release the dependent to the non-custodial parent with form 8332, it can be signed for one year at a time, or several years according to a schedule. The custodial parent must mail the signed form 8332 after e-filing the rest of the return, they should keep a copy. The non-custodial parent does not file the form or any extra paperwork.
Be aware of all the rules: while form 8332 can transfer eligibility for "dependent" status (which means the $2000 child tax credit), it does not transfer eligibility to file as head of household, or claim the child care credit or EITC. Those benefits always stay with the custodial parent and can't be waived or transferred. The custodial parent should answer in Turbotax they they have custody more than half the year (pick 7 months or more), there is a custody agreement, they will give the other parent a form 8332. This will set the child's status as "non-dependent, use for for child care credit and HOH". The non-custodial parent should answer that the child lives with them less than half the year, there is a custody agreement, and the other parent has given them a form 8332. The non-custodial parent will get the dependent tax credit but will not be eligible for EITC or head of household status (unless they have other qualifying persons in their home). Turbotax will also tell them after they file, to print a form 8453, which is a special cover page that they use to mail the original signed form 8332 to the IRS after e-filing their return.
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