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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 wont sign IRS form 8332; we have 2 minor children.

Customer Question

My ex won't sign IRS form 8332; we have 2 minor children. They live with her over 50% of the year, but I pay well over half of their total living expenses. Can I claim one child as a dependent? There is no court order that states which party can claim the children for tax purposes.
Submitted: 8 years ago.
Category: Tax
Expert:  Marvin,EA replied 8 years ago.
Hello and thanks you for using Just Answer. I am sorry but the IRS gives the custodial parent the right to claim the children as dependents. Under the new rules, the noncustodial parent can only treat the child as his or her qualifying child or qualifying relative if the custodial parent signs a written declaration that she will not claim the exemption for the child for the tax year.