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Can my ex husband claim two of our kids on his taxes with my permission?

El Paso, TX |

We have 4 kids he pays child support but they live with me, I was going to claim two and allow him to claim the other two. Can my ex husband claim two of our kids on his taxes with my permission? And if so do I need to fill out any specific forms?

Attorney Answers 2


Yes, when both parents agree, any allocation will be honored by the IRS, even if it alters an existing court order or decree, when IRS Form 8332 is signed and submitted by the claiming parent.

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This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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2 lawyers agree


Yes. So long as the other criteria are met, he can. Youl'll want to also give him the necessary consent ont eh IRS form to do so.

Good luck.

Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.

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