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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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I signed form 8332 in 2000 and checked subsequent years for

Resolved Question:

I signed form 8332 in 2000 and checked subsequent years for my ex-husband to claim my son. Beginning in 2004 or 2005 he stopped paying child support or would only send half. My husband and I at that point started claiming my son. Last year I had his wages garnished to get child support monthly. All of the sudden, he now says he is claiming my son based on this form in 2000 even though my husband and I have claimed him the previous two years plus this year. My son spends the most nights with me and I am the custodial parent in the divorce decree which does not address income taxes at all.
Submitted: 9 years ago.
Category: Tax
Expert:  Marvin,EA replied 9 years ago.
Hello and thank you for using Just Answer. Your ex-husband can only claim the exemption if the other dependency tests are met. He must pay at least 1/2 of the support for your son each year to claim him on his tax return. Your husband is not allow to claim his son until he is current on his child support payments to you. If he does claim his son on his 2008 tax return you will have to file your tax return by mail. When you file your tax return by mail tell the IRS that you signed the Form 8332 in 2000 to let your ex-husband claim his son only if he pay 1/2 support for his son. In 2004, 2005, 2006, 2007, 2008 he has not pay 1/2 support for his son. Also send with the 1040 a copy of wages garnished order from the court to support your claim.
Customer: replied 9 years ago.

Just a little clarification. We filed our taxes in time in April this year and apparently he got an extension for August and filed then. They rejected his claim of my son but he says that he now has the form and plans to send it in. Since we have already filed, should I send a letter with reporting documentation to the IRS.


Thank you.

Expert:  Marvin,EA replied 9 years ago.
You should wait until the IRS contact you about the exemption of your son. If the IRS contact you about the exemption send the court documents on the amount of child support your ex-husband agree to pay each month and the court order to garnished his wages. Once signed, the release is irrevocable although the IRS will generally honor revocation and the custodial parent's claim to the exemption if the noncustodial parent does not claim the child as a dependent (Chief Counsel Advice Memorandum CCA200007031). If his wages are garnished any Federal tax refund he would receive would also be garnished for back child support and payable to you. Maybe your ex-husband have other reasons to claim his son on his Federal tax return.
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