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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35381
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I live in Dallas, Texas. My wife and I are getting a divorce

Customer Question

I live in Dallas, Texas. My wife and I are getting a divorce and it will be final a few days before Christmas. I am the petitioner and because of financial reasons we are doing our best not to invest in an attorney. I am completing the divorce decree and would like to know if I can claim one of our children on my tax I would like to know if I can claim one of our children on my 2015 tax return and each year there after. That really is the only major dispute at this time. Your help and response to this question will be greatly appreciated.
Marvin (###) ###-####***@******.***
Submitted: 11 months ago.
Category: Family Law
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

All you need to do for 2015 is prepare a written agreement as to when each of you will claim a child for tax purposes, sign the agreement and submit it with your taxes. I will link the form to you below.

However, in later years to ensure that you can get court help if your ex chooses not to abide by your agreement in the future, you will also need a written stipulation to be ordered by the court as part of the decree setting out how the deduction will be allowed. For example, you get the child deduction every other year, or one child every year or whatever the agreement between the two of you is.

There are special rules for children of divorced or separated parents when it comes to who is entitled to the dependent exemption when filing taxes.

Generally, the custodial parent, the one who has custody for the greater part of the year, is entitled to the deduction. However, there are exceptions to this rule. A typical exception occurs when, in a divorce settlement, there is an agreement as to which parent will get the exemption. Prior to 1985 the IRS did not require any special paperwork in relation to a parent claiming the exemption under the divorce decree.

At present, the IRS requires that you attach to your tax return IRS Form 8332, or a statement conforming to the substance of Form 8332, as proof that you are entitles to the exemption. Here is a link to the form for your use: http://www.irs.gov/pub/irs-pdf/f8332.pdf

The declaration releasing the exemption may be for a single year or for a specified number of years, either consecutive or alternate, or for all future years. If the release is for more than one year, the original signed release must be attached to the first year’s tax return and a copy attached to future years returns.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug

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