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can I claim my child on my tax return even though I am not the custodial parent?

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thesharkman1

Junior Member
My son now lives with his father. The divorce decree was set up that we alternate years for claiming him on our taxes. Now that his father is the custodial parent he is saying that I have no rights to claiming him on my taxes. I pay child support. The modification never mentioned anything about claiming him on either of our taxes. Am I still entitled to claim him?
 

ecmst12

Senior Member
If you have a court order saying that you alternate years claiming him, and dad is not providing you with the form you need to claim him, then he will be in contempt of the court order.

As far as the IRS is concerned, you can claim the child if you have the proper form from dad allowing it (8332 I think?). Without the form, the IRS rules say the parent where the child spends the most overnights is who gets to claim him.
 

mistoffolees

Senior Member
If you have a court order saying that you alternate years claiming him, and dad is not providing you with the form you need to claim him, then he will be in contempt of the court order.

As far as the IRS is concerned, you can claim the child if you have the proper form from dad allowing it (8332 I think?). Without the form, the IRS rules say the parent where the child spends the most overnights is who gets to claim him.
Yep. Here's the way it works.

CP has the right to claim the child under IRS rules (with very few exceptions). However, CP can give up the right to claim the child under IRS rules by signing an 8332 form.

If your court rode says that you get the deduction in even numbered years, then CP has to sign an 8332 form for those years. If they fail to do so, NCP can file for them to be held in contempt and ask the court to order them to sign and/or pay the difference in taxes.

Modification of one portion of an order does not automatically change other portions. If you alternated while you were CP, there's no reason to expect that you wouldn't alternate when you're NCP. If there was a good reason, the court would have had to change it in the order.

Tell CP that he must sign an 8332 form or you will be filing for contempt and asking for an order for him to pay all of your legal expenses, as well.
 

Ohiogal

Queen Bee
Yep. Here's the way it works.

CP has the right to claim the child under IRS rules (with very few exceptions). However, CP can give up the right to claim the child under IRS rules by signing an 8332 form.

If your court rode says that you get the deduction in even numbered years, then CP has to sign an 8332 form for those years. If they fail to do so, NCP can file for them to be held in contempt and ask the court to order them to sign and/or pay the difference in taxes.

Modification of one portion of an order does not automatically change other portions. If you alternated while you were CP, there's no reason to expect that you wouldn't alternate when you're NCP. If there was a good reason, the court would have had to change it in the order.

Tell CP that he must sign an 8332 form or you will be filing for contempt and asking for an order for him to pay all of your legal expenses, as well.
Concur and agree. Wholeheartedly!
 

TheGeekess

Keeper of the Kraken
Yep. Here's the way it works.

CP has the right to claim the child under IRS rules (with very few exceptions). However, CP can give up the right to claim the child under IRS rules by signing an 8332 form.

If your court rode says that you get the deduction in even numbered years, then CP has to sign an 8332 form for those years. If they fail to do so, NCP can file for them to be held in contempt and ask the court to order them to sign and/or pay the difference in taxes.

Modification of one portion of an order does not automatically change other portions. If you alternated while you were CP, there's no reason to expect that you wouldn't alternate when you're NCP. If there was a good reason, the court would have had to change it in the order.

Tell CP that he must sign an 8332 form or you will be filing for contempt and asking for an order for him to pay all of your legal expenses, as well.
HOWEVER, the NCP will NEVER be eligible to claim HOH/EIC/Childcare credit on the child living with the other parent, no matter what the CP signs. :cool:
 

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