Larry, I am supposed to claim one or both of my kids in all of the years-2006 through 2008. The problem is, my wife will not sign the form to release the exemption. Do you have any thoughts on what I should do?
Doug
Doug, unfortunately, you can't claim the kids without the signed Form 8332. If your wife will not sign this form, you will have to take her to court due to a contract violation (the divorce decree). Tax law and contract law are two separate issues. The IRS will not get involved. They say 8332 or no exemption.
If you should claim the children without the 8332 you will receive a notice from the IRS and this could be an audit red flag.
I wish you the best of luck with this situation.
Larry Kopsa CPA
Showing posts with label Claiming Children. Show all posts
Showing posts with label Claiming Children. Show all posts
Monday, July 6, 2009
Friday, June 26, 2009
NONCUSTODIAL PARENTS
Can you give me any advice? My divorce decree says that I can claim my children even though they live with my ex. Now my ex says she is going to claim the children and that I should suck rocks. What can I do?
Alan
Alan, make sure the rocks are clean. There is bad news on claiming dependency exemptions. If your ex will not sign the Form 8332 to waive her right to the exemption you are out of luck.
For divorces before July 3, 2008, a signed divorce decree awarding the exemption to the noncustodial parent was OK in lieu of the 8332. But now, the Service says that it will reject signed decrees that have conditions, such as requiring payment of a settlement, that must be satisfied before the noncustodial parent gets the break.
So even if you have documentation showing the condition of the divorce decree, you cannot claim the children.
The only thing that you can do is discuss with your attorney to determine if it is worth the effort to take her back to court to honor the contract. In reality, probably not worth the cost.
Good Luck.
Larry Kopsa CPA
Alan
Alan, make sure the rocks are clean. There is bad news on claiming dependency exemptions. If your ex will not sign the Form 8332 to waive her right to the exemption you are out of luck.
For divorces before July 3, 2008, a signed divorce decree awarding the exemption to the noncustodial parent was OK in lieu of the 8332. But now, the Service says that it will reject signed decrees that have conditions, such as requiring payment of a settlement, that must be satisfied before the noncustodial parent gets the break.
So even if you have documentation showing the condition of the divorce decree, you cannot claim the children.
The only thing that you can do is discuss with your attorney to determine if it is worth the effort to take her back to court to honor the contract. In reality, probably not worth the cost.
Good Luck.
Larry Kopsa CPA
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