If you do not sign a Form 8332 he cannot claim your son as a non-custodial parent. The noncustodial parent may not claim the child as a qualifying child for purposes of head of household filing status, dependent care credit, the exclusion of dependent care benefits, earned income credit and the health care coverage tax credit. For more details please read Divorced Or Separated Parents: Claiming Children As Dependants at the following link: http://www.sjfpc.com/Dependency_Exemption_Divorced_Separated_Parents_Form_8332.html
Hope this helps.
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I agree with Attorney Fromm. One additional point, You may want to bring this matter before the Judge in your dissolution case. This is a common issue that can cause much anger and frustration. Therefore, making sure there is an order outlining the duties, responsibilities and benefits (tax deduction) exists will make your life (and your kid's life) much easier. Divorce is hard enough.
I hope this helps.
Steven A. Leahy
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Depends what your paperwork says but if he is behind on child support, he will not be able to claim unless the paperwork says he does get to even if he is behind on child support. Call your local child support office and ask them, they usually have access to your file and can tell you.
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