![]() However, both you and your ex will ultimately receive letters from the IRS noting that there’s a conflict in dependency claims, requesting documentation to resolve that issue. If you or your ex filed incorrectly, the IRS may process both returns and issue refunds per the claims.Include any documentation or records that will help your case. If you’re certain you have the right to claim your child as a dependent that tax year, complete a paper tax return claiming your child and file it by mail.The noncustodial parent must then attach a copy of the signed form to their tax return to prove they can claim this exemption. ![]() The custodial parent needs to sign IRS Form 8332 “Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent” giving up their legal claim to the dependency exception. ![]() If you and your ex have an agreement in a particular year for the noncustodial parent to claim your kids as dependents, you’ll need to make it official. That means when you and your ex file competing claims, the dependency exemption reverts to the custodial parent. The IRS adheres to federal laws for dependent deductions. In another scenario, the noncustodial parent who earns more and contributes more to child support might save more on taxes if they’re awarded the exemption, so the exes decide to go that route.īe aware that for tax filing purposes, though, divorce decrees aren’t enforceable. If parents share custody, for example, these agreements might include that exes might each claim different children as dependents each year, or alternate years when they can claim dependents. Second, review any agreements that you and your ex have in place for claiming exemptions as part of your divorce decree. ![]() However, if the child spends the same amount of time with both parents, the IRS considers the parent with the highest adjusted gross income to be the custodial parent. your ex’s 182, you’re considered the custodial parent for that tax year. Finally, the child lives with you the majority (at least 50%) of the time per your custody arrangements even if your child lived with you 183 nights vs. In addition, you have sole or full custody of the child and you contribute at least 50% of the child’s total financial support. That generally means that the child is related to you, and is under age 19 or is a full-time student under age 24. From a legal perspective, first, be sure that you’re the custodial parent of your child.
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