My ex gf and i

Asked over 1 year ago - Nevada, MO

nevaer went to court and made an agreement to alternate years claiming our daughter on taxes, we both signed a piece of paper and got it noterized. does this make it legit?

Attorney answers (3)

  1. Reid A Seino

    Contributor Level 15


    Lawyers agree

    Answered . No, this has just made you guys sign a piece of paper and the notary confirms that the two of you are the persons who signed the paper. It has no real enforcement value whatsoever. As long as the two of you have agreed to it and stick to it, fine. Just don't rely on this if there is a dispute later on.

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in... more
  2. Gregory David Verdibello

    Contributor Level 10


    Lawyers agree

    Answered . No, it does not. In order for a "non-custodial parent" to claim a child on a tax return, the "custodial parent" (as defined by the IRS) will need to release their claim by completing IRS Form 8332. The "non-custodial parent" needs to attached the signed IRS Form 8332 with their tax return. A taxpayer must still meet the IRS dependency tests in order to claim the child on their return.

    This material does not constitute tax, legal or accounting advice. It was not intended or written for use and... more
  3. Stephen Ross Cohen

    Contributor Level 20

    Answered . No, need to have a stipulation filed in a court case or an order signed by a judge to make it legal. This would be a paternity action

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los... more

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