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Rakhi Vasavada
Rakhi Vasavada, Financial and Legal Consultant
Category: Finance
Satisfied Customers: 2607
Experience:  Graduated in law with Emphasis on Finance and have have been working in financial sector for over 12 Years
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We are separated and going thru divorce. I spent with our

Customer Question

Hello,
We are separated and going thru divorce.
I spent with our child more time than my ex in 2016 and now when I play with Turbotax software I can see it is beneficial for me to claim him as dependent and I will get significantly bigger tax refund. However, my ex is already filed his taxes and claimed our son as dependent. We don't have any agreement in writing stating that we agreed to this. Can I dispute it by filing with the IRS Form 8332- Revocation of Release of Claim to Exemption?
Submitted: 2 months ago.
Category: Finance
Expert:  emc011075 replied 2 months ago.

Hi. My name is ***** ***** I will be happy to help you.

Unless you are legally separated (court issued decree of legal separation), you are the custodial parent and you signed the 8332 release to allow your spouse to claim the children at the first place, there's nothing to revoke. If you did you would have to deliver the form to her before the beginning of the tax year. You cannot revoke it by the end of the tax season.

You can file your return on paper, claiming the child but unless you kept separate residences for at least 6 month by the end of December you cannot file Head of household, you will have to file married filing separate. Than the IRS will decide who can claim the child. You will have to prove that the child spend more nights at your place than at her place.

Expert:  emc011075 replied 2 months ago.

I see you read my respond. Do you have any questions? Is there anything else I can help you with today?