| Last year, yes. This year, no. Why? In 2003, the 9th circuit court (WA, OR, CA, ID) held that the custodial parent gets the dependency exemption unless s/he signs a Form 8332 allowing the noncustodial parent to claim the child. This rule applies regardless of whether the parents were ever married. (In other circuits, never married parents can't use Form 8332 & only the parent paying more than 50% of the kids' support can claim them.) If you want to claim the kids, request a court hearing & ask the judge to award you the exemptions. The judge will order the CP to sign a form 8332 & you can claim the kids.
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This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
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11-23-2003, 09:00 PM
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