claiming child on taxes

[luvday123]

What is the name of your state? Wi

Mother and father never married mother has sole legal custody
father visiting, which they agree on, no court order
Both parents signed papers, stating each can claim, child on income taxes every other year
This form was signed, at a Professional tax preparation service.
Is this legally binding,and if so, can it be changed and how? Thanks

 

[Ohiogal]

Is dad even legally dad?

 

[LdiJ]

What is the name of your state? Wi

Mother and father never married mother has sole legal custody
father visiting, which they agree on, no court order
Both parents signed papers, stating each can claim, child on income taxes every other year
This form was signed, at a Professional tax preparation service.
Is this legally binding,and if so, can it be changed and how? Thanks

I suspect that what was signed was form 8332. If I am correct, and if it was signed for future years and not just one year, it is absolutely legally binding. There is federal case law that makes it binding even in extreme and unfair circumstances. The only way to change it is with the full agreement of the other parent.

 

[luvday123]

Yes, dad is legally dad

Thank-you for your replies
I should of never agreed to it but i did ,and hopefully with this posting i can help others
not to make the same mistake

 

[LdiJ]

Yes, dad is legally dad

Thank-you for your replies
I should of never agreed to it but i did ,and hopefully with this posting i can help others
not to make the same mistake

A bit of information that may help you. Even if dad has the exemption for the child every other year, you can still claim the child for head of household, daycare credit and EIC purposes on those years. Dad is not allowed to claim the child for those purposes.

However, you have to explain what you are doing VERY carefully to your tax preparer, nad make sure that its done properly before the return is transmitted. Otherwise, you will have a problem with the IRS.

If you are remarried, and filing jointly, and have too much income for EIC, its kind of a moot point however.