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kirbell216

Junior Member
What is the name of your state (only U.S. law)? Texas
I just got my divorce papers in the mail yesterday. The divorce was uncontested, I signed a waiver of citation before the filing and also an affadavit for my name to return to my maiden name. We mutually agreed to a dissolution of marriage which we had notarized prior to the filing since we owned no property nor had children together. This is where I need help, he has three children from previous relationships and I have one child from previous relationships. None of our children ever lived with us during our marriage of five years. In the papers it states we have no children and do not expect any. In one of the last paragraphs it states that it is ordered and declared HE takes the tax exemptions for the dependant child. This child is not named in the document nor is a social securtiy number stated....how could he have rights to a child that is not his and never lived with us? Please advise.
 


kirbell216

Junior Member
Yes, I have been calling them for the last two days and of course they have to 'get back to me'. I contacted the ex and he declares he did not request it but if it is in the paperwork he will claim him and there is nothing I can do about it.....which knowing how he operates I would believe he did request it because he is being a total jack#@% about it....and like I said it isn't even his child-
 

TinkerBelleLuvr

Senior Member
He would be unable to provide an 8332 in this case (release of exemption). Secondly, the judge couldn't order you to provide one because he/she doesn't have jurisdiction over this child with this case.

Chances are this is a typo and the attorney can get it rectified.
 

Some Random Guy

Senior Member
Did your husband adopt your child from a previous marriage? If not, then I fail to see how he could possibly claim a child on his taxes if he is not legally the father.

According to the IRS, you can claim a qualifying child or qualifying relative on your taxes. Even if he gets the form 8332 from Mom, the child does not qualify.

Publication 17 (2009), Your Federal Income Tax

There is an exception in the rule for 'Children of divorced or separated parents or parents who live apart.', but that child is not a child of THESE divorced parents. They are a child of the dovirced mom and her first husband.
 

Zigner

Senior Member, Non-Attorney
In one of the last paragraphs it states that it is ordered and declared HE takes the tax exemptions for the dependant child. This child is not named in the document nor is a social securtiy number stated....how could he have rights to a child that is not his and never lived with us?
This is really a non issue and I doubt it even needs to be corrected. The child you are referring to is not a "dependent child", as such, the order does not apply to the child.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas
I just got my divorce papers in the mail yesterday. The divorce was uncontested, I signed a waiver of citation before the filing and also an affadavit for my name to return to my maiden name. We mutually agreed to a dissolution of marriage which we had notarized prior to the filing since we owned no property nor had children together. This is where I need help, he has three children from previous relationships and I have one child from previous relationships. None of our children ever lived with us during our marriage of five years. In the papers it states we have no children and do not expect any. In one of the last paragraphs it states that it is ordered and declared HE takes the tax exemptions for the dependant child. This child is not named in the document nor is a social securtiy number stated....how could he have rights to a child that is not his and never lived with us? Please advise.
Its got to be a typo...a paragraph that a secretary forgot to delete from a standard form. However, even if somehow someone tried to pull a fast one its irrelevant. He cannot claim a child that is not his and that does not/has not lived with him. A judge couldn't order that if the judge wanted to order that.

If he were to claim said child the IRS would nail him to the wall.
 

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