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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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I have a court order stating we take turns on claiming our

Customer Question

I have a court order stating we take turns on claiming our children. Last year she claimed for the kids & she says she is claiming again this. What can I do to stop that. The year 2010 was our year to claim but she got it.
Submitted: 2 years ago.
Category: Tax
Expert:  Robin D. replied 2 years ago.

Hello and thank you for using Just Answer.

Unfortunately a court order is not enough when it comes to claiming your children as dependents on your tax return.

Under tax law the custodial parent will be granted the dependent exemption unless they sign Form 8332 granting the noncustodial parent the right to claim the child If the decree or agreement went into effect after 2008.

The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.

So if your divorce went into effect after 2008 the following rule applies:
Post-2008 divorce decree or separation agreement. The noncustodial parent cannot attach pages from the decree or agreement instead of Form 8332 if the decree or agreement went into effect after 2008. The custodial parent must sign either Form 8332 or a similar statement whose only purpose is to release the custodial parent's claim to an exemption for a child, and the noncustodial parent must attach a copy to his or her return. The form or statement must release the custodial parent's claim to the child without any conditions. For example, the release must not depend on the noncustodial parent paying support.

Customer: replied 2 years ago.

We deviced on June 8,2004. On Augest 16,2010 it was ordered I have the majority of Time share. Also a court order stating she has been living with me since September of 2009.

Expert:  Robin D. replied 2 years ago.

Hello again,

If the court order states the date in 2010 then you would need the 8332 if you were not the custodial parent. If the child is living with you then you are the custodial parent and someone else claimed the child then you would need to mail your return and send all documents showing that the child lived more than half the year with you.

To show both you and your child lived together for more than half of the tax year send:

1. School, medical, daycare, or social service records.

2. A letter on the official letterhead from a school, medical provider, social service agency, or place of worship that shows names, common address and dates. (If you send a letter from a relative who provides your daycare, you MUST send at least one additional letter.)

 

You may need to send more than one document to show that the child lived with you for more than half of the year.

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