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Dependent Tax Exemption, No Form Signed

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  • 01-27-2010, 07:49 AM
    momoftwokids
    Dependent Tax Exemption, No Form Signed
    Sorry to bring up an old forum, but I was just reading and am curious. It states the non-custodial parent has to have the custodial parent sign a form to allow to them to claim. I have never signed any type of form. According to our court documents (we were never married) the father is entitled to claim every year unless he has any back child support. for the year 2009 he was behind all year. The child support enforcement has put a thing in to take his taxes for the back child support owed.
    My question is. Does matter how much in back child support is owed to allow myself to claim? And should I go ahead and take the claim even though the enforcement is looking at taking his taxes for back support?
    I forgot to add that in 2008 he had a bamkruptcy and that his employer sends in his cs payments. Don't know if this will matter.
  • 01-27-2010, 08:05 AM
    Bubba Jimmy
    Re: New 2009 Tax Law for Dependent Exemption
    If you were never married to the child's father then the only way that the noncustodial parent can claim the child is by obtaining a signed form 8332 from the custodial parent. A divorce decree (or legal separation order in states that have that provision in their law) is the only document the IRS will recognize as granting a non-custodial parent the right to claim a dependent without a signed form 8332.

    The reality is that if the child's father claims the child and you do not the IRS may not question it. That does not mean it is legal, and the proper way to do it is with the form 8332.
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