can I claim the child tax credit

[dolphin]

What is the name of your state? New Hampshire

I am the NCP parent and according to my divorce decree I claim one child and my x claims the other.

I am status: single and with one child

I know I cannot claim the EIC but can I do the child tax credit?

Also...Do I need to have my x sign the form 8332 if it is already stated in my court order?

Thank you!

 

[abezon]

The CTC goes with the dependency exemption. If the divorce decree states which child you get to claim, you can send a copy of it with your return. An 8332 is also an option.

 

[dolphin]

Thank you.

My x keeps trying to tell me to let her claim both children because she said I wouldnt get much of a return(which hey as long as I don't owe I am HAPPY)

Last year she filed before me and claimed both...I don't want to get screwed again this year.

So send in a copy of the court order...the whole order or just the part that pertains to who gets to claim what.....Would it be in my best interest to get her to sign the form 8332...and if I cannot get her to sign it the court order is good enough.....

Sorry in advance for my questions....I am just so confused.

 

[abezon]

As of 2005, the court order is good enough. Send in the whole thing. You might also amend your 2004 return & send a copy of the order & see if the IRS will switch 1 child to you. The worst that can happen is they say no.

It sounds like the only way you could get her to sign an 8332 is to take her to court & have the judge tell her to sign or go to jail for contempt of court. Oh, & the judge would award you costs & attorney fees, too. Be sure to point that out to her. You could even take her to court over the 2004 return. She can sign a 2004 8332 & you can use it to amend.

 

[dolphin]

THank you so much..this really sets my mind at rest.