Claiming Child on Taxes form

[SMURFEELAW]

What is the name of your state?AZ

Does anyone know the name of the form that has to be signed in order to grant a party that is not specifically given the right to claim the child the right to claim for this year?

My fiances' ex wife has been given the child tax deduction for every year by the last CS order in June 2003. Both parents share 50/50 physical up until August 1 2004 and officially October 2004. Now dad has primary physical but the judge did not (would not?) sign the request to stop CS (i'm not sure he even saw it but my fiance was scared to mention it at the time b/c the judge didn't seem to want to change custody but his hand was forced due to positive drug use he was worried that the judge would think that he was seeking custody just for $$) Anyway dad had child 50% of the time for the first 7 months of 2004 and has had the child all but 8 days since August. Mom pays for nothing and doesn't work anyway at all so I can't even see how she would benefit from the deduction but dad wants to see if she will sign the form (if one exists I hear it does) rather than have to run to Court again when it seems obviouse that he should be given that right.

Sorry for rambling--- I appreciate any advice.

 

[kat1963]

I believe it's form 8332 Release of Claim to Exemption for Child

You can find it in the Q&A, it's in PDF:
http://www.irs.gov/faqs/faq-kw33.html

KAT

 

[SMURFEELAW]

Thank You--- I looked that up the only problem I see with it is that it says the custodial parent has to sign off but he is the custodial parent now but the last CS order gives the now NCP the right to claim but it was when she was the CP. Technically they have Joint legal and he has primary physical. Should he just have her sign it anyway or would that be admitting that he acknowledges her as CP (trust me she would try to use this) or should he just file claiming the child and if she claims the child to and it comes back then he can prove he has had her 8.5 months of the last 12 months? Sorry I just want to make sure all is legal and right.

 

[haiku]

Thank You--- I looked that up the only problem I see with it is that it says the custodial parent has to sign off but he is the custodial parent now but the last CS order gives the now NCP the right to claim but it was when she was the CP. Technically they have Joint legal and he has primary physical. Should he just have her sign it anyway or would that be admitting that he acknowledges her as CP (trust me she would try to use this) or should he just file claiming the child and if she claims the child to and it comes back then he can prove he has had her 8.5 months of the last 12 months? Sorry I just want to make sure all is legal and right.

if he is the court ordered custodial, how can she use that against him?

OK, if you BOTH file, the IRS will flag the return. The person who is the legal custodian will be the one who legally will be entitled to the deduction per the IRS.

BUT, if that person is NOT the parent who is court ordered to receive the deduction, they can be taken to court for contempt, and forced to pay the other parent what they lost, for not getting thier court ordered deduction.

So if the court order has NOT been changed, and she is still court ordered to receive the deduction, she still gets the deduction legally.

that means that until you change the court order, your husband is supposed to sign that form now, for his ex.

 

[SMURFEELAW]

Thanks for saving my (well my husbands a**) on that one I hadn't even thought of that so do you know if one could just file a motion (so as not to require a hearing) that now CP should get the deduction. Or would it be okay if we can get now NCP to agree that my hubby should get the deduction that we draw up an agreement and file it with the Court. There just isn't a lot of time and she will run to get her $$ if there is any on jan. 1st. Although she has not worked at all this whole past year and has received state aid/CS/and school grants but no earned income she does techinically own a home but she is in foreclosure no payments since feb 2004 so will she even benefit or have to file? Sorry I probably switched from Cs to tax law.

 

[haiku]

well the only thing that can change it would be a new order, and there are no garauntees that if the ex does not agree, the judge will. I myself would not know how long it would take for you to go before the judge.