What constitutes a relinquishment of claim to claim a child as a dependent on my tax return?

Question

I want to claim all 3 of my children on my tax retrn this year since my husband and I have been seperated for 2 years but not yeat divorced. But, he says that since his child suport is based on him claiming 2 and me only claiming one, I have no right. Now, I was reading that I have to actually sign a gov form that reliquishes my rights to the exceptions before he can take them-which I have not- but I do have a paper from my lawyer to his that states that if he pays X dollars (which he does) than he can claim 2. This paper is not a legally filed document, just a negotiation, but I want to know if it constitutes me haven given up my rights to claim all 3 exceptions-or do I still have the right since I never signed the offical form...can anyone help?

Answer 1

Your ex has to have a form 8332 signed by a judge in order to claim your children as qualifying children for EIC purposes only. Even with this document, he can not claim them as dependents and you would still get the exemptions and other credits. For tax purposes, child support DOES NOT COUNT AS ANYTHING.

You can only claim a child as a dependent if they lived with you for more than half of the year.

Answer 2

First, I hope you have a legally binding document on your spouse for the child support. You cannot negotiate away your child's right to support.

If there is no document signed by you or someone that has your Power of Attorney that waives the child's exemption, a noncustodial parent cannot claim the child's exemption. So you better check with that attorney who set you up to have the exemptions tied to payment of child support. That connection went bye-bye in 1984!

Answer 3

If it is written in a divorce decree or child support order, then he technically doesn't need you to sign the 8332 (Release of Exemptions to noncustodial parent). All he has to do is send in a copy of the legal order with his return and that is enough for the IRS. If you claim the children against the order, you'll get in trouble when the IRS catches it.