Who gets to file for the kids at tax tim

iVillage Member
Registered: 06-11-2004
Who gets to file for the kids at tax tim
6
Wed, 10-26-2005 - 2:02pm

Okay, as my ex and I are no more, since my son has been born I have filed for him during tax time. However, now I wonder what will happen as he HATES ME (what a shame, lol).

Anyway how does it go when filing for the kid/kids. Since I am the custodial parent am I automatically able to file? Him and I have no AGREEMENT on this issue so geez, what will happen. I mean yes he pays child support and all but I still put out way more money?

Or do I need to run like a bat out of hell when I get my tax papers and file?

iVillage Member
Registered: 03-19-2003
Wed, 10-26-2005 - 2:40pm

Run like a bat out of hell! ;-)


Technically, you should have the rights to claim the exemption..... BUT, as far as the IRS goes, it's whoever files first gets the exemption..... unless you have this form (Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents) signed.


Karen ~ wildlucky4me ~

iVillage Member
Registered: 11-13-2004
Wed, 10-26-2005 - 6:45pm

Your ex is not automatically entitled to claim your child. That isn't how it works. He has to have your permission by you signing form 8332. Otherwise, there has to be certain qualifications that are met and your ex won't meet them if he is not the custodial parent. If you are the custodial parent, and your ex claims your child anyway, the IRS will pick up on that and disallow it. Referring to some of the credits specifically, the child tax credit can ONLY be claimed by the parent taking the exemption for the child, which is usually the custodial parent. The earned income tax credit CANNOT be claimed by the NON custodial parent just based on child support because the residency requirement is NOT being met. If you are the custodial parent, obviously the child lives with you and you meet the residency requirement. The fact that he pays child support doesn not automatically qualify him to claim the child. Custodial trumps non custodial unless there is an agreement in place or 8332 form signed. As far as income requirements go, if you have two parents who have the same qualifying child, the parent with the highest adjusted gross income claims the child, but ONLY if the other requirements are met. Hope this helps. In my situation, my children are not "qualifying children" for my ex, because they live with me and I provide more than half of their support, and I am the custodial parent, which also entitles me to claim head of household. We do not have an agreement in place about him claiming the children during certain years or alternating children.

iVillage Member
Registered: 03-19-2003
Wed, 10-26-2005 - 6:54pm
My experience is that the IRS will "allow" the first filer to claim the exemption.

Karen ~ wildlucky4me ~

iVillage Member
Registered: 11-13-2004
Wed, 10-26-2005 - 7:33pm
You sound like you have first hand experience with that. I haven't had to deal with the form at all, but I try to keep up on all the rules. I read somewhere that if both parents claim the same child, the IRS will crossmatch the ssn of the child and this will trigger an audit. If that were to happen, she would still be claiming the child legally and he wouldn't, so wouldn't he be in trouble and not her? I can see how having the form in place would prevent this, but what if he is being a jerk and is unwilling to sign the form? She will still be legally entitled to the exemption without it. Personally, I would never let my ex get away with claiming the kids and me not, if I was the one who was entitled to this. He would be the one in trouble not me. I am curious why her ex automatically assumes that he is entitled to claim the child. He won't even meet the qualifications if he is the noncustodial parent. I thought the form was for the custodial parent to sign to ALLOW the non custodial parent to claim the exemption. There are apparently other sections of the form that apply to her situation.
iVillage Member
Registered: 06-11-2004
Thu, 10-27-2005 - 9:31am

I know if I asked him to sign that 8332 form there is no way in hell he's gonna do it. Even though he has 2 other kids with the other woman and he could claim one of them of even both of them as she has 2 other kids beside them. If he could screw me on this he surely would. Im gonna try to contact IRS for hopefully some more clarification.

Thanks guys.

iVillage Member
Registered: 03-19-2003
Thu, 10-27-2005 - 10:20am
Your attorney could help get that done, too.


Karen ~ wildlucky4me


Karen ~ wildlucky4me ~