Do I really need to fill out a 8332 form?

My fiance and I live together with our child. I paid all of the child care for this past year and was going to try to claim him. My Fiance doesn't care as it looks like I would be getting more money back than he would. Do we really need to fill out a Form 8332 and mail it in. Can't it just be a verbal agreement? We've never done one in the past, although he has claimed him as I just started back to work this year. 

  • Our son stayed with us equal nights because we live together. There is no specific Custodial parent as he just lives with us both.
  • See my answer, below
Form 8332 is required for claiming a dependent who did not live with you. 

Generally, to claim a child as a dependent, that child had to live with you for over half the year.  If the child did not live with you at all during the year, it is typically the case that someone else (usually the custodial parent) is entitled to claim that child as a dependent.  However, you (in most cases, the noncustodial parent) may still be able to claim the child as a dependent if the custodial parent signs a Form 8332, Release of Claim to Exemption, or a form containing all of the same information listed on this form.  By completing Form 8332, the custodial parent would be indicating that he or she wishes to release his or her claim to a dependency exemption for the child on the form.  Without this form, you generally cannot claim a child who did not live with you as a dependent because they are the qualifying child of someone else.
    If you are both the child's actual parents, you can choose which of you claims the child.  No 8332 is needed.  See which way works out best.  But if the one who pays the bulk of the household expense claims the child they could also file as head of household, which would probably be a tax saving.
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