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Who needs to file form 8832, or do we even need to bother?

Seattle, WA |

The INCOME TAX EXEMPTIONS section of our parenting plan has each parent claiming one of our two children each year. My ex (the noncustodial parent) stated that she wouldn't benefit by claiming the child allocated to her return this year and that I should claim both children for the first time since our divorce. This sounds terrific, however I'm confused by the other two statements in that section:

- If the party to whom the exemption is awarded is unable to utilize the exemption...the other party may utilize the exemption

- The parents shall sign the federal income tax dependency exemption wavier (IRS Form 8832 Release Of Claim...)

Does anyone still need to file an 8832, or can I simply claim both children this year? My ex already filed her taxes without the 8832 and no children.

Avvo doesn't appear to let me edit the question. As Charles R. Smith correctly notes, the form listed on our parenting plan and that we filed previously was 8332. Thank you, Charles!

Attorney Answers 3

Posted

The form you need is actually 8332 (not 8832). There are exceptions to having to file the form, but avoid potential future problems and get it signed just in case. Good luck

The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an attorney-client relationship. An attorney-client relationship is not created until after an in person consultation and I agree in writing to provide representation. I am licensed solely in the state of Arizona. You should consult with a knowledgeable attorney in your jurisdiction.

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Asker

Posted

Thank you! Both of you confirmed my suspicions, and I'd much rather be too cautious than be reckless with my taxes. I let my ex know that her offer is appreciated but I can't take her up on it unless she signs the form for me. I asked this question because she seemed reluctant to sign and said it didn't really matter (she's an attorney).

Posted

Get the form signed and file it with your return. Even if you think it is unnecessary, look at it as a CYA kind of thing. Also, the IRS may look for it.

This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced law ONLY in LOUISIANA and answers to questions from other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state.

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Dara J. Goldsmith

Dara J. Goldsmith

Posted

It is also a good idea in case she changes her mind and amends her return.

Posted

If you are the custodial parent there is no need to have form 8332 signed unless you have signed one in the past waiving your right for 2013.

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