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release of claim to exemption for child

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chadwick4292

Junior Member
What is the name of your state?tennessee

My husband's parenting plan states that he can claim his 16 y/o son until 18. He is considered the noncustodial parent and pays child support. The son is 16 now. Does his ex need to fill out form 8332 releasing that exemption to him? What if she doesn't fill it out and he claims him anyway?
Now the son works part time, is there a possibility that because of that fact the custodial parent can claim regardless of what the parenting plan say?
And if she signs the form and he claims him will he have to add the son's income with his? Will my husband need the son's w2 form? I really need
some thorough info on this matter. All of this is very confusing :eek: Any help would be appreciated.


Also he got behind one month of child support last year. He still owes that amount. She went to childrens service and that want him to repay that through his tax return. Now then we are in bankruptcy and they have said she can not have his tax return. But let me be clear they may have said that but if I know anything in the last 7 years I know she does not give up. If there is a way, a loop hole somewhere she will go for it just for the spite of it. Thats why I am seriously thinking of filing form 8379, innocent spouse relief. Should I do this?

Thanks for any and all help that you can give me. Really can't afford a tax attorney.
 


abezon

Senior Member
1. If the parenting plan says he gets to claim the kid regardless of being paid up on CS, he gets to claim the kid. He'll need either a copy of the plan signed by *her* or a form 8332. If she refuses to sign the 8332, he can file a motion for contempt proceedings, the judge will order her to sign, then the judge will order her to pay his court/attorney costs for wasting everyone's time with her useless obstructionism.

2. He can claim the boy if, between them, he & his ex paid over 1/2 the kid's support (likely unless the kid made lots of money). The kid's income is not added to his -- kid files his own return & notes that someone else is claiming him as a dependent.

3. Call the IRS debt indicator hotline & find out if they have an order on file to take his refund.

4. Injured spouse relief is possible, but will hold up the refund for at least 2 months. If the IRS isn't going to take the money, file without it. If the IRS takes the money, you can always file the injured spouse claim later & get your part of the refund back.
 

chadwick4292

Junior Member
Oh thank you so much. You answered all my questions and concerns.

Just a few more:
kid files his own return & notes that someone else is claiming him as a dependent.

Maybe son is not aware of this or ex getting in the way. Is there a site where I can print something to that effect so husband can give it to him.

Also:
Call the IRS debt indicator hotline & find out if they have an order on file to take his refund.
Will they give me that info? What info will I have to give them?

Again thanks so much for all your help.
 

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