How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lane Your Own Question
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10131
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
1929974
Type Your Tax Question Here...
Lane is online now
A new question is answered every 9 seconds

I am a divorced father of two children, in the divorce my

Customer Question

I am a divorced father of two children , in the divorce my wife an I agreed to joint custody and that I would claim one child on my income tax and she would claim the other . neither one of us has any problem with that . but the people who have been doing my taxes say that I have to get proof that the children are in my home more than 50/% of the time even though their mother lives in another town and she wants them to go to school where she lives . So I get them on Friday after school and the stay with me until Monday morning and I drive them to school. and any time she needs extra help I keep them like when her mother was in the hospital for two weeks and last year she took a trip to Arizona for two weeks and so on , so my question is if we both agree what is the problem and how do I correct it . thank you
Submitted: 10 months ago.
Category: Tax
Expert:  Lane replied 10 months ago.

I hold a JD (Juris Doctorate, a doctoral degree in the law), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial & tax advice since 1986.

...

What these CPAs are doing is taking a very (what we call) "strict construction" (short sighted, myopic) approach ... and quite honestly missing the fact that there IS a process for handling this ( there is NO need to prove anything).

...

Where there has been an agreement as part of a divorce decree or a written separation agreement, the spouse that would qualify under the qualifying child rules can give that dependency exemption to the other spouse by attaching form 8332.

...

From IRS: "Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent

If you are the custodial parent, you can use this form to do the following.

  • Release a claim to exemption for your child so that the noncustodial parent can claim an exemption for the child.
  • Revoke a previous release of claim to exemption for your child."

...

here's the form:

...

https://www.irs.gov/pub/irs-pdf/f8332.pdf

Expert:  Lane replied 10 months ago.

If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332.

...

Hope this has helped … let me know if you have questions

...

If this HAS helped, (and you don’t have additional questions on this), I'd really appreciate your positive rating … (by using the stars or rating request on your screen) … … That’s the only way I'll be credited a portion of what you've paid JustAnswer.

...

Thank you,

Lane

Expert:  Lane replied 10 months ago.

Hi,
...
I’m just checking back in to see how things are going.
...
Did my answer help?
...
Let me know…
...
Thanks
Lane

Expert:  Lane replied 10 months ago.

Hi ... Just checking back in again.

...

Again, the answer to your dilemma is form 8832

...

Hope this has helped … let me know if you have questions

...

If this HAS helped, (and you don’t have additional questions on this), I'd really appreciate your positive rating … (by using the stars or rating request on your screen) … … That’s the only way I'll be credited a portion of what you've paid JustAnswer.

...

Thank you,

Lane

...