• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

documentation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mazda3girl

Junior Member
Arizona ---- I am currently paying child support and I am the non-custodial parent of the child and as a part of the court agreement I am able to claim the child for my taxes every odd year as long as my child support and arrears are current, which they are. Is the custodial parent responsible for providing me with the proper documentation I need such as the child's social security number or will the court provide me with this information?
 


Proserpina

Senior Member
Arizona ---- I am currently paying child support and I am the non-custodial parent of the child and as a part of the court agreement I am able to claim the child for my taxes every odd year as long as my child support and arrears are current, which they are. Is the custodial parent responsible for providing me with the proper documentation I need such as the child's social security number or will the court provide me with this information?

Neither, unless the court ordered the CP to provide the info.

You can get a copy of your child's SS# yourself.

Regardless of the court order though, you'll need the CP to sign a particular form - 8332, I believe - before you can actually claim the child.
 

mistoffolees

Senior Member
Neither, unless the court ordered the CP to provide the info.

You can get a copy of your child's SS# yourself.

Regardless of the court order though, you'll need the CP to sign a particular form - 8332, I believe - before you can actually claim the child.
Actually, most divorce decrees have either an explicit or implied order that each party is required to sign appropriate documents to implement the order. If the order says that NCP is to get the deduction in odd years, then CP would have to sign an 8332 - or be in contempt - since there's no way to get the IRS to allow the deduction without the 8332 form.

Same thing on the SS number, although that's going to be more problematic because there IS a way for OP to get the SS number himself.
 

Proserpina

Senior Member
Actually, most divorce decrees have either an explicit or implied order that each party is required to sign appropriate documents to implement the order. If the order says that NCP is to get the deduction in odd years, then CP would have to sign an 8332 - or be in contempt - since there's no way to get the IRS to allow the deduction without the 8332 form.

Same thing on the SS number, although that's going to be more problematic because there IS a way for OP to get the SS number himself.

Not disagreeing.

But the reality is that if the CP doesn't sign, the court order is not going to help the NCP right now. IRS doesn't care about court orders.

They want the form. :cool:
 

mistoffolees

Senior Member
Not disagreeing.

But the reality is that if the CP doesn't sign, the court order is not going to help the NCP right now. IRS doesn't care about court orders.

They want the form. :cool:
Absolutely. So if CP doesn't sign, NCP is going to have to go to court to have him/her found in contempt.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top