According to my divorce agreement, my ex is allowed to claim my son as a dependent and I am allowed to claim my daughter. There are additional rules for when only one child can be claimed, but that is not yet the case.
Can a custodial parent sign a divorce declaration?
If you have no divorce or separation decree, the custodial parent – the parent who has the child more nights out of the year – can sign Form 8332 or a written declaration to release their dependency claim. Either document may be only for one year or for several years.
Can a custodial parent claim a dependent in a divorce?
The noncustodial parent may also claim the dependent if a divorce or separation decree or a written declaration from the custodial parent says the noncustodial parent can claim the dependent. What are the tiebreaker rules to determine which divorced spouse can claim the child as a dependent?
Can a divorce decree override a tax law?
Tax law overrides a divorce decree. If the child does not live with the parent who claims the dependency, the other parent must provide form 8332 to the parent who is claiming the dependency. I am not sure where to find the IRS rule that a child who qualifies to be claimed by a parent can’t claim them self even if the parent doesn’t claim them.
What happens if my ex claims my child?
If one of you doesn’t file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner. Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest. The custodial parent almost always wins.
Can a divorcing parent claim a child tax exemption?
For example, if your ex’s income is on the cusp between a 28 percent tax bracket and a 25 percent tax bracket, the deduction might drop him to the lower bracket and save him considerable money. The exemption could mean more to him than the $3,800 exemption amount as of 2012; it could save him from paying additional taxes as well.
