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Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1672
Experience:  Enrolled to Represent Taxpayers Before The IRS
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my ex had me sign a form, as i am disabled, saying, between

Customer Question

my ex had me sign a form, as i am disabled, saying, between us, he has the right to claim our 3 minor children. However, my children and i live with my mom, who supports us all, and she has claimed us in previous years. my husband pays a measly 400/mo, and i only get 169/mo for all 3 kids, because wi wants part back of the benefits i get from it. who gets to claim the children. do we have to worry about audits
Submitted: 7 years ago.
Category: Tax
Expert:  Marvin,EA replied 7 years ago.
Hello and thanks you for using Just Answer. Did you ex-husband have you signed Form 8332?
Customer: replied 7 years ago.
i think so. but wouldn't that just pertain to him vs. me
Expert:  Marvin,EA replied 7 years ago.

If you signed Form 8332,, giving your ex-husband the right to claim the children your mother cannot claim the children in 2008.


A child who receives more than half o his support from his parents during the year and is in the custody of one or both of them for more than half of the year is normally the qualifying child of the custodial parent. However, the noncustodial parent can treat the child as his qualifying child if the parents are divorced, legally separated or lived apart at all times during the last six months and the custodial parent releases the exemption to the noncustodial parent.

Customer: replied 7 years ago.
what can i do now???? my mom needs t
Customer: replied 7 years ago.
my mom need the three exemptions. and the rebatse. are there rebates this year
Expert:  Marvin,EA replied 7 years ago.

There might be tax rebates for 2009 but if you signed Form 8332 for tax year 2008 you must wait one year to revoke a previous release exemption.


Revoking Form 8332.


The custodial parent can revoke a previous release by providing written notice of the revocation to the noncustodial parent. This revocation is effective for the year designated on the revocation, but not earlier than the year AFTER the year the revocation is provided to the other parent. In other words a revocation provided during 2008 can be effective on earlier than 2009. The custodial parent must make reasonable efforts to provide actual notice to the other parent and must keep the evidence of the delivery of the notice to the other parent. It may be a good idea to have the custodial parent mail the revocation using CERTIFIED MAIL as proof of the fact that the revocation was sent and the date it was sent.


The revocation can be made using Form 8332 (as revised) or a written declaration that conforms to the substance of the Form 8332.

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