
Quoting
Lynns
I have a 2 part question. I'm trying to find out if I have the right to claim my child since 2002, at the time of my divorce.
#1 My original divorce papers say "Steven G. Theriot shall have the right to the tax exemption for the child, _______ through the year 2013." THat's all it says. According to the Pub 504 and 8832, it says that 3 things have to be stated in the papers. #2 below is not stated in these papers. Can I claim her because of this?
Post-1984 decree or agreement. 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. To be
able to do this, the decree or agreement
must state all three of the following.
1. The noncustodial parent can claim
the child as a dependent without regard
to any condition (such as payment of
support).
2. The other parent will not claim the
child as a dependent.
3. The years for which the claim is
released.
The noncustodial parent must attach
all of the following pages from the
decree or agreement.....
#2 Also, he took me back to court for full custody in 2004 and lost. Everything was rewritten including visitation, child support, where we can live, etc. The above statement about him getting the tax exemption was NOT PUT BACK in the papers. Can I claim her based on those papers starting in 2004??
I do understand I can "revoke the previous release" but I want to know if I could have claimed her all these years. Partly because I am behind on filing my tax returns and am filing several years next month.
Thanks,
Lynns